In this second appeal the few facts which I have to state for the purpose of the decision are as follows: The suit was for damages for malicious prosecution which the trial Court decreed with costs. On appeal taken by the defendant the decree of the trial Court was reversed and the suit dismissed with costs. The plaintiff having thereafter died, his legal representatives preferred this second appeal to this Court. After the institution of the second appeal, the defendant having died, the appellants herein have brought the respondents before me as legal representatives.

To the hearing of this second appeal an objection in limine has been taken by the respondents founded on the rule actio personalis moritur cum persona. I have heard arguments not only on the objection but also on the merits of the second appeal. As regards the latter I may at once say that there is very little, if any, of substance in the argument for the appellants. The report of the commissioner appointed by the lower appellate Court is said to be additional evidence taken in contravention of Order 41, rule 27, Civil Procedure Code by which the appellate judgment is vitiated. There is however other evidence