The first defendant in 4 suit for malicious prosecution is the appellant. Both the Courts found that the two defendants were liable in damages to the plaintiff for maliciously prosecuting him. The second defendant died during pendency of the appeal in the lower appellate Court. Her legal representatives were impleaded as appellants 3 to 7, but they have not challenged the decree of the lower appellate Court.

2. The case of the plaintiff is that the first defendant and his mother, the second defendant, filed a private complaint against the plaintiff stating that he along with two others had set fire to the hut in which the second defendant lived, as a result of which the second defendant was seriously injured. The second defendant was alone in the hut at the time of the incident. The criminal case ended in acquittal of the plaintiff. The prosecution, according to the plaintiff, was maliciously launched and the prosecutors were, therefore, liable in damages. Both the courts found that the defendants failed to prove that the occurrence alleged against the plaintiff occurred in the manner stated by them. On that ground the defendants were held liable to pay the plaintiff dam