1. - An epitome of the primary facts and circumstances out of which the present second appeal of the defendant has arisen, herein will help resolve the forensic controversy.

2. The appellant (defendant) had lodged a report on 24th October, 1963, against the plaintiff (respondent) and his father (since died) for the offence under Section 325/34, IPC. at the police Station Kotwali (Jaipur) alleging therein that on remonstration by the defendant the act on the part of the plaintiff and his father breaking and damaging the bricks wall built by the defendant for a bathroom in the chowk the plaintiff and his father came up stairs, abused her and Moti Vallabh gave lathi blows on her head resulting grievous injuries the police had challaned both, the plaintiff and his father but they were acquitted ultimately For the prosecution on the aforesaid report, the plaintiff filed the present suit for Rs. 8,998/- out of which the present second appeal has arisen claiming damages for malicious prosecution.

3. The trial Court dismissed the suit holding that the plaintiff and his father actually broke the bricks wall of the bath-room and there was a quarrel in between the parties on the day of