Alfred Henry Lionel Leach, C.J.

1. The appellant sued the respondent in the District Court of Trichinopoly for damages for malicious prosecution. The learned District Judge dismissed the suit on the ground that the complaint did not justify the institution of criminal proceedings. The learned District Judge here erred and for reasons which I shall state the case must be remanded to the District Court for disposal according to law.

2. There is no doubt that in 1928 enmity did exist between the appellant and the respondent and had existed for a considerable time. The appellant is the Village Munsif of Elayaperumanallur, and the respondent is his cousin residing in the same village. In the house of the appellant is a family idol and at certain seasons of the year offerings are made by the villagers to this idol. These offerings are divided among nine sharers, representing three branches of the appellants family. The respondent is one of the sharers. Whether the division of these offerings was the cause of enmity between the parties does not appear. On the 14th March, 1928, the respondent submitted a petition to the Sub-Divisional Magistrate, Ariyalur, stating that there was a ru