JUDGMENT :

G.B. Pattnaik, J. - This is a defendant's appeal against a confirming judgment in a suit for compensation for malicious prosecuticm' and the only question that is urged by the appellant's counsel is that the suit is barred by limitation.

2. Plaintiffs filed the suit alleging that without any basis or any reasonable cause, the defendant who is a veteran litigant prosecuted the plaintiffs by filing a complaint case, being complaint case No. 83 of 1977 on the allegation that while the plaintiffs were cutting paddy on iheir land the defendant demanded for repayment of loan from Gandu and plaintiff No, 1 instigated Gandu not to make any repayment of loan money. Said Gandu was alleged to be a Halia under the plaintiffs. When the defendant objected to such instigation by the plaintiff No. 1, the plaintiffs abused and rushed to assault him and, therefore, the complaint case was filed alleging commission of offences u/s 504 and 3&2, IPC. The criminal case ended in acquittat and the defendant preferred an appeal. The order of acquittal was confirmed by the High Court on 18-9- 1931 and the plaintiffs filed the suit claiming compensation to the tune of Rs. 2500/-. The suit was filed o