( 1 ) THIS is an appeal against the judgment and decree of Datta, J. , delivered on 20th April, 1961 whereby he has granted a decree for Rs. 14,685 with interest at the rate of 6 per cent against the appellant in a suit for malicious prosecution.

( 2 ) THE plaintiff-respondent Surendra Nath Shukla was appointed as a Clearing Clerk on a salary of Rs. 125 per month by Bharat Airways Ltd. , having its registered office at No. 8, Royal Exchange Place, Calcutta sometime in 1948. In or about 10th January, 1950 the name of the said Bharat Airways Ltd. has been changed to M/s. Bharat Commerce and Industries Ltd. (the appellant), but the registered office of the appellant retained the same address. The respondent, M/s. Birla Bros. Ltd. , which was the managing agent of the said Bharat Airways Ltd; continued as managing agent of the appellant after the said change of name. The respondent, Indian Airlines Corporation, a body corporate, constituted under Section. 3, Air Corporations Act, 1953 was impleaded, inasmuch as under the said Act it took over, on or about Aug. 10, 1953, Bharat Airways Ltd. as one of the companies expressly mentioned in Section 2 (v) of the Air Corporations