JUDGMENT

1. (28th June 1938).- This appeal arises out of a suit for damages : (a) for malicious prosecution, and (b) for wrongful dismissal from service. There are nine defendants to the suit. Defendant 1 is the Chatra Serampore Co-operative Credit Society, a Society established under the Co-operative Societies Act and carrying on banking business. The plaintiff Becharam was the Manager of the Society. He was dismissed on the 29th May 1929. Defendant 2 Bhupendra is a Government Inspector of Co-operative Societies. He was appointed Manager of the Society with the consent of the Registrar of Co-operative Societies for 6 months in the place of the plaintiff, and discharged his duties as such in addition to his own duties as Inspector. Defendants 3 to 9 were some of the members of the Managing Committee of the Society at the material time. The claim for damages for malicious prosecution is against all the defendants, and the other claim is against defendant 1, hereafter to be called the Society. In the plaint damages for malicious prosecution have been assessed at Rs. 2600 being made up of Rs. 2200 said to have been incurred as out of pocket costs by the plaintiff in defending the crimi