Raj Kishore Prasad, J.

1. This is an appeal by the sole defendant from the judgment of Mr. S. Z. A. Naqui, Additional Subordinate Judge. Second Court, Monghyr, decreeing the plaintiffs suit for damages for malicious prosecution.

2. On this appeal, only two questions have been debated at the Bar: (1) Whether there was want of reasonable and probable cause on the part of the defendant-appellant in prosecuting the plaintiffs-respondents in the Criminal Court and, (2) Whether the defendant in prosecuting the plaintiffs was actuated and motivated by malice?

3. The plaintiffs instituted the present suit against the defendant for grant of a decree for Rs. 11000/- as per account given at the foot of the plaint by way of damages for malicious pro-eecution.

4. Briefly stated, the case of the plaintiffs was that in the year 1942-43 the defendant was posted at Monghyr as a Sub-Deputy Collector, and he was also then Price Control Officer there, As plaintiff No. 1 did not agree to the reduction of his quota of sugar for the benefit of one Sukhdeo Ram Marwari of the Firm of Messrs, Trilokchand Sukhdeo Bam, who was in the good books of the defendant, he was annoyed with the plaintiff. It w