Modi, J.—This is yet another case of the type with which I have had to deal recently wherein the appeal must be allowed on the short ground that the judgment produced by the learned Judge of the first appellate court is not at all a judgment in accordance with law.

2. The appeal arises out of a suit for malicious prosecution. It appears that there was some election in village Dalai, and that was the cause of bad blood between the plaintiff Dhanraj and his associates on the one hand and Hirachand defendant on the other. On the 14th June, 1956, the defendant lodged a complaint against the plaintiff and thirteen other persons in the court of the Sub-Divisional Magistrate, Jalore, for offences under sec. 452, 323 and 147 of the Indian Penal Code on the allegations that there was considerable bad blood between the parties, and that on the 12th June, 1956, at about 8 or 9 P.M. when the defendant was sleeping in his Pol, all the accused including the plaintiff came in a body and entered into the Pol, that they were all armed with lathis and were actuated by a common intention to beat him, that out of the plaintiffs party, two persons, namely, the plaintiff and one other person Bhagwana bea

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