ORDER

The question of territorial jurisdiction was taken up as a preliminary issue and answered the same in favour of the plaintiffs,against which the defendant No.4 and 5 came up in revision. It is pertaining to a suit for damages on account of malicious prosecution. The learned Munsiff found that, since major portion of malicious prosecution was conducted and culminated in acquittal at the Judicial First Class Magistrate Court, Mavelikkara, the Munsiff Court, Mavelikkara will have the territorial jurisdiction to deal with the suit. The view and the finding rendered by the Munsiff is quite against the law in force and hence erroneous, cannot be sustained. The prosecution was originally initiated before the Judicial First Class Magistrate Court, Kayamkulam. Subsequently, it was transferred to the Court at Mavelikkara. That does not mean that there is change of territorial jurisdiction in so far as a suit of civil nature, based on allegation of malicious prosecution. The cardinal principle that the cause of action for the malicious prosecution would originate only after culmination of criminal trial will not make any change in the territorial jurisdiction of civil court. Transfer of