S. BARMAN, J.

( 1 ) IN this second appeal, the defendant is the appellant from a decision of the learned Subordinate Judge, Balasore, confirming a decision of the learned Munsif of Bhadrak in a suit for damages filed by the plaintiffs-respondents for malicious prosecution.

( 2 ) THE matter out of which this case arose was a criminal case filed by the defendant-complainant against the plaintiff-accused under Sections 392 and 323, Indian Penal Code. Plaintiff No. 1 was the uncle of plaintiff No. 2 and they were living jointly. They were the Sevayats of the famous deity Akhandaleswar at Aradi in the district of Balasore. It appears that since before the date of the incident there were both criminal and civil litigations between the defendant-complainant and the plaintiffs-accused with the result that feelings between the parties were embittered and the alleged animosity of the defendant-complainant against the plaintiffs-accused is stated to be the genesis of the criminal case in which the defendant was the complainant against the accused plaintiffs. On 25-10-1951 the defendant-complainant lodged First Information Report recorded by the A. S. I. P. W. 2 in charge of the local police