ORDER

George Knox, J. - This appeal arises out of a suit brought by one Dulam and others. Their allegation in the plaint is that the defendants merely through enmity without any reasonable cause made a report against them in bad faith and lodged a false complaint in the Criminal Court, charging them with theft and assault. The defendants admitted having made the report of theft and assault and further, that they prosecuted the plaintiff, but they urged that the charge brought by them was a true one. Both the Courts below have found that the report and the charge were false, that the defendants were actuated by malice in bringing them and granted the plaintiffs a decree for damages. The defendants come here is appeal and say that under the circumstances of the case, no suit for false prosecution lies. Moreover, they added that there was reasonable and probable cause for the prosecution which they started. The learned Counsel, who appeared for the appellants, supported his contention on these grounds, by reference to the case of Jadubar Singh v. Sheo Saran Singh 21 A. 26. In that case, from one point of view, the circumstances were very similar to those in this case, the Court before