Mehar Singh, J.

1. This judgment will dispose of two First Appeals Nos. 165 and 166 of 1954 from two decrees, dated June 29, 1954, of the Subordinate Judge of Karnal, in two suits by two different plaintiffs, namely, B.L. Chopra and S.P. Jaiswal. The suits arose out of the same facts and, during their trial, on May 11, 1954, they were consolidated and tried together. The learned trial Judge disposed of both the suits by one judgment.

2. The plaintiffs brought the suits for damages for malicious prosecution. The defendants to the two suits are the State of Punjab, Shri R.I.N. Ahuja, Secretary to the Punjab Government, and Malik Arjan Das, Sub-Inspector, Police, respectively, Nos. 1 to 3, The plaintiffs case has been that defendant No. 2 was the Deputy Commissioner of Karnal District on material dates. Of the plaintiffs S.P. Jaiswal and defendant No. 2 had some differences in connection with the Karnal Club, of which both were members. It is said that defendant No. 2 thus on account of illwill and malice had the plaintiffs prosecuted in a criminal case and defendant No. 3 helped him in that.

In the plaint by S.P. Jaiswal plaintiff the nature of the offence is not stated but i