JUDGMENT 1. This is an appeal by the Plaintiff, and it arises out of a suit for damages for an assault committed by the Defendant. The assault in question was of a very gross character, for the Plaintiff was beaten with a shoe several times. No doubt, as the learned Judge has found, it was due to some provocation by the Plaintiff, yet he admits that an assault of the nature proved was not altogether justified. Notwithstanding this, however, he is of opinion that the Plaintiff has no good cause of action, and that the Defendant was adequately punished by a fine of five rupees by the Criminal Court. We are not able to accept the judgment of the District Judge, for even upon his own view of the matter, namely, that the assault was not altogether justified, the Plaintiff was entitled to some damages, and we do not understand how it could rightly be held that the Plaintiff had no good cause of action, unless it be on the ground that there having been a criminal prosecution of the Defendant, having been fined, no action against him could be sustained. Obviously this is an incorrect view to take. 2. We, therefore, think it right and proper to set aside the decree of the Court below, that decree being that the suit be dismissed with costs. It is not necessary, in the interest of the parties, when the learned vakils appearing for them agree to have the matter disposed of here, to remand the case to the lower Appellate Court for determination of the amount of damages. And upon consideration we think that we may well award to the Plaintiff Rs. 100 as damage. We accordingly direct that the decree of the Court below be set aside, and that the Plaintiff be allowed a decree of Rs. 100, each party bearing his own costs in all the Courts.