VALMIKI J. MEHTA, J.

1. This Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the Judgment of the First Appellate Court dated 19.9.2015 by which the first appellate court has reversed the Judgment of the Trial Court dated 6.9.2014. Trial Court by its Judgment dated 6.9.2014 had decreed the suit of the appellants/plaintiffs filed for damages for malicious prosecution and defamation. The impugned judgment of the first appellate court therefore has resulted in dismissal of the suit filed by the appellants/ plaintiffs for damages on the ground of malicious prosecution and defamation.

2. The facts of the case are that the appellants/plaintiffs filed the subject suit seeking damages on account of malicious prosecution and defamation as an FIR was lodged by the respondent/defendant against the appellants/plaintiffs on 27.4.2004. The incident of 27.04.2004 was of an assault by the appellants/ plaintiffs, and therefore, there was a registering of a State case under Sections 308/325/34 of the Indian Penal Code, 1860 (IPC). The criminal case however resulted in acquittal of the appellants/plaintiffs in terms of the Judgment of the Additi