JUDGMENT - Patel, J.

(1) This appeal from order arises under the following circumstances: The plaintiffs-respondents and the defendant-appellant are cultivators. An incident occurred between them on June 2, 1958. The appellant filed a complaint against the respondents under sections 147, 323 and 451 of the Indian Penal Code. The plaintiffs were acquitted by the trial Court on May 18, 1959. The Defendant applied for leave to appeal to the High Court and the appeal was admitted, and after hearing the parties, the appeal was dismissed on February 3, 1960. The plaintiffs field the suit for damages for malicious prosecution on February 3, 1961 before the expiry of the year from dismissal of the appeal, but much beyond one year from the date of acquittal. Relying on a decision of this Court in Purshottam Vithaldas v. Rajiv Hari, ILR 47 Bom 28, the trial Court dismissed the suit. The appellate Court curiously enough by passing this decision and following the decision in Madan Mohan Singh v. Ram Sunder Singh, ILR 52 All 553 and Sk. Mehtab v. Balaji Krishnarao, AIR 1946 Nag 46, allowed the appeal holding that the suit was not barred by limitation, and remitted it to the trial Court for dispo

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