T.C. Raghavan, J.

1. Plaintiffs 1 and 2 in O.S. No. 145 of 1125 M.E. on the file of the court of the District Munsiff of Trivandrum are the appellants in the second appeal. They, along with the 3rd plaintiff, who is now dead, filed the suit against the respondent defendant for damages for malicious prosecution. The 1st plaintiff is the son of the 2nd plaintiff, the 3rd plaintiff being the brother of the latter and the defendant being another brother. The plaintiffs were accused persons 6, 5 and 7 respectively in C.C. No. 321 of 1121, wherein the defendant was the complainant. The plaintiffs along with four others were prosecuted for offences under S.379, 427 and 104 of the Travancore Penal Code. The learned Magistrate discharged the accused persons; but the complainant filed a revision against that order in the High Court of Travancore. The High Court confirmed the order of discharge regarding the plaintiffs; but sent back the case for fresh disposal regarding the other accused persons. The suit, which has given rise to the second appeal, was filed, as indicated already, by accused persons 6, 5 and 7 as plaintiffs for damages for malicious prosecution against the complainant