LAHIRI, C J. (Acting):- Register this application as a separate Misc. Case

2. The State of Assam has filed this application under O. 1, R. 10 of the C. P. C. for treating pro forma respondents 4, 5 and 6 as co-appellants. The State has prayed that the aforesaid pro forma-respondents may be added as co-appellants instead of pro forma-respondents. Respondents 4, 5 and 6 are Inspector of Police; Superintendent of Police and Deputy Superintendent of Police, respectively. The suit . was instituted against the State of Assam as well as the three police officers for malicious prosecution. Mr. P. Prasad, the learned Govt. Advocate, submits that the suit was instituted against the State as well as the public servants and the cases of 'these defendants were conducted by the Govt Advocate at Tezpur. However, the learned Government Advocate, Tezpur could not file written statement as the prayer for adjournment was rejected. Mr. P. Prasad submits that the decree was rendered on the basis of pleadings and not a single witness was examined. It appears that the trial Court proceeded under O. 8 R. 10, C. P. C. While delivering the impugned judgment the learned Judge held :

"This is a suit for compens

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