JUDGMENT :

G.R. Swaminathan, J.

1. The defendants in O.S. No. 172 of 2003 on the file of the Principal Sub-ordinate Judge, Tiruchirappalli are the appellants herein. The respondent herein, namely, Abdul Kareem filed the said suit seeking compensation of a sum of Rs.1,50,000/- from the appellants for having maliciously prosecuted him. The suit was dismissed by the trial Court vide Judgment and decree dated 13.07.2010. Challenging the same, the respondent herein filed A.S. No. 114 of 2011. The first Appellate Court by the impugned Judgment and Decree allowed the appeal. Questioning the same, this second appeal was filed. It was admitted on 21.02.2013 on the following substantial questions of law:

"1. Whether the First Appellate Court has erroneously altered the judgment and decree of the trial Court and partly allowed the claim of the plaintiff without considering the non-jointer of necessary parties i.e., also marked in Ex. A5 is a valid one? 2. Whether the First Appellate Court is ignoring the five elements required to prove for the suit for malicious prosecution is correct, when it leads to self-contrary in nature?

3. Whether the first Appellate Court fails to consider the 161 stateme