Ramaswami, J.

1. The question for determination in this appeal is whether upon the facts found the appellant is liable in law to pay damages for malicious prosecution.

2. The plaintiffs brought the suit alleging that on 13th April 1945 defendant No. 5 lodged first information report before the Sub-inspector of Hunterganj thana alleging that on the previous night a dacoity was committed in his house and a suit case containing ornaments and cash was looted. The defendant asserted that he identified the plaintiffs among the dacoits at the time the offence was being committed. The police commenced investigation of the case. On 14th April 1945 the house of the plaintiffs was searched but nothing incriminating was found. The plaintiffs were arrested by the police who applied for remand before the Magistrate. The plaintiffs were remanded by the Maigstrate and kept in imprisonment for 39 days. Plaintiffs declared that the appellant had lodged false information maliciously and without reasonable and probable cause. The main ground of defence was that defendant No. 5 lodged true information at the police station and that he honestly believed that the plaintiffs had taken part in the