( 1 ) THIS application has been taken out by the defendant for dismissal of the suit on the ground that the suit filed by the plaintiff is barred by the law of limitation.

( 2 ) THE present suit has been filed by the plaintiff Adi Bapuji Rabadi against Saradindu Banerjee, also known as Shute Banerjee, for damages suffered by the plaintiff due to malicious prosecution launched by the defendant. The facts of this case, shortly, are that the 'shute Banerjee Benefit Cricket Match' was held for the benefit of the defendant Saradindu Banerjee. After such Benefit Cricket Match was held, it was the case of the defendant, there was misappropriation of funds from the sale proceeds of the said match and the defendant lodged a First Information Report with the Hastings police station for criminal breach of trust committed by the plaintiff in respect of the said Benefit Cricket Match sale proceeds. Thereafter the Hastings police station conducted investigation and initiated criminal proceedings against the plaintiff. The plaintiff was arrested and thereafter released on bail. After the submission of the report by the Investigating Officer, the Chief Metropolitan Magistrate