PAUL Vs. FRANCIS JACOBA POPPY

JUDGEMENT

(1.) This Second Appeal arises out of a suit to recover damages for malicious prosecution, viz., O.S. No. 65 of 1120 on the file of the District Munsiff, of Ernakulam. The appellants before us are the legal representatives of the defendants in the case, Verghese deceased, and the respondent is the plaintiff.

(2.) The suit was dismissed by the court of first instance. The plaintiff preferred an appeal before the District Court of Anjikaimal in A.S. No. 388 of 1121. Pending that appeal the defendant Verghese died on 23rd Mithunam 1122. His legal representatives were duly brought on record and thereafter the trial of the appeal was proceeded with. The learned Additional Judge who heard the appeal by his judgment and decree dated 20th Vrischigom 1123 set aside the dismissal of the suit by the Trial Court and awarded to the plaintiff damages amounting to Rs. 400/-.

(3.) The facts of the case which have to be stated for a proper disposal of the appeal appear from the following extract from the judgment of the court below:-