JUDGMENT

Allsop, J. - This second appeal arises out of a suit for damages for malicious prosecution. The defendant-appellant is a lawyer practising in Basti. He and his two sons were entered on the electoral roll for the District Board, but when that roll was revised in the year 1931 their names were omitted. The period for making objections about entries in the rolls expired in September 1931. On 7th October the appellant made an application to the Deputy Magistrate who was acting as the returning officer or election officer and was dealing with the preparation of the roll. He complained that his name and the names of his sons had been omitted and suggested an enquiry into the reasons why this had been done. He, at the same time, said that if such an enquiry foe re made it would appear who the persons were who were concerned in the conspiracy. Then on 15th October 1931 the plaintiff-respondent, who is the editor of a paper called the "Insaf," published a notice in which he said that he had learnt with surprise that the names of the appellant who was a pillar of the Aman Sabha and the names of his sons had been omitted from the District Board electoral roll and that they had not dis