TINSUKIA MUNICIPAL BOARD Vs. BANKIM CHANDRA GHOSE AND ANR.

JUDGEMENT

(1.) THIS appeal arises out of a suit for recovery of damages on account of the alleged malicious prosecution of the plaintiff by defendant 1, the Chairman of the Tinsukia Municipal Board, and defendant 2, the Board itself. The learned Munsiff of Dibrugarh found that the suit was not within time though the prosecution of the plaintiff at the instance of the defendants was without reasonable and probable cause. He inferred malice from the absence of reasonable and probable cause. The suit, however, was dismissed as barred by time.

(2.) ON appeal, the learned Additional Subordinate Judge held that the suit was within time. He agreed with the other findings arrived at by the learned Munsiff and as a result decreed the plaintiff's claim with costs against defendants. The Tinsukia Municipal Board (defendant 2) has appealed.

(3.) SECTION 320 provides that: