( 1 ) THIS appeal is directed against the judgment and decree dated 30-11-84 passed by Sri S. Seal, Additional District Judge, 1st Court, Hooghly in Money Appeal No. 10 of 1980 modifying the decree dated 16/09/1980 passed by Sri B. N. Chandra, Subordinate Judge, 1st Court, Hooghly in Money Suit No. 8 of 1977.

( 2 ) PLAINTIFF Debabrata Dutta, filed Money Suit No. 8 of 1977 against the defendant Smt. Sovarani Dutta claiming damages for malicious prosecution valued at Rs. 104. 00. His case is that on 23-10-76, at 18. 10 hours the defendant lodged a First Information Report in the District of Hooghly on an willful false charge of theft of ear-ring from the person of the defendant against the plaintiff and her sister Smt. Biva Bati Dutta. The defendant knew the statements made in her First Information Report to be completely false and she maliciously made those statements before the police to implicate the plaintiff and her sister in a false criminal case and to defame and injure the plaintiff and to satisfy the defendant's grudge on the plaintiff. In pursuance of the said false information, the police arrested the plaintiff and his sister and detained them in hazat