JUDGMENT

Daniels and Neave, JJ. - This second appeal arises out of a suit against a Sub-Inspector of Police for damages for libel. The cause of action is thus stated in paragraph 2 of the plaint:

The defendant, taking undue advantage of his post as a thanadar, through avarice, malice and enmity without any reasonable and sufficient ground and in order to cause loss to the plaintiff, made some wrong entries on different occasions, without the knowledge and information of the plaintiff, and eventually after secretly obtaining the permission of the higher authorities, dishonestly misrepresenting facts, entered the name of the plaintiff in the register of badmashes.

2. The real name of the register thus described is a "History Sheet." These history sheets are confidential documents of the police department, of which not even the persons regarding whom they are prepared are supposed to be aware.

3. The learned Judge of the court below seems to have been in some doubt whether the suit was one for libel, or partly for libel and partly for some unnamed kind of tort, but in this Court at any rate the latter contention has not been put forward. The learned Subordinate Judge, who tried the case,