JUDGMENT :

ABDUL QUDDHOSE, J.

PRAYER: Second Appeal is filed under Section 100 of CPC to set aside the judgment and decree of the Lower Appellate Court dated 15.11.2016 passed in A.S. No. 52 of 2014 on the file of the Subordinate Judge, Kuzhithurai, confirming the judgment and decree of the Trial Court dated 07.02.2014 passed in O.S. No. 366 of 2010 on the file of the I Additional District Munsif Court, Kuzhithurai and allow the present Second Appeal.

1. This Second Appeal has been filed challenging the concurrent findings of the Courts below. The appellant is the plaintiff in the suit O.S. No. 366 of 2010 on the file of the I Additional District Munsif Court, Kuzhithurai. The respondents are the defendants in the said suit.

2. The suit was filed for malicious prosecution and the plaintiff had claimed in the suit damages at Rs.50,000/- from the defendants for the alleged malicious prosecution. According to the plaintiff, on 10.05.2004, the first defendant lodged a false complaint against the plaintiff before the Kuzhithurai Police Station as if the plaintiff and three others had assaulted him with their hands on chest, back of chest and lower part of abdomen by legs. According to the p