JUDGMENT Kendall, J. - These appeals from orders arise from two suits filed by two separate Plaintiffs for damages for malicious prosecution against five Defendants. The brief facts are that Defendants Nos. 1 and 2 made a report to the Police and subsequently Defendant No. 3 filed a complaint in a Magistrate's Court of offences under Sections 147 and 323 I.P.C. against the Plaintiffs, and a conviction was obtained in the Magistrate's Court, but subsequently the Plaintiffs were acquitted. on appeal. These two suits for damages were then filed. 2. The trial Court framed several issues, but not one of them was the essential issue of whether there had been reasonable and probable cause for the conduct of the Defendants or any of the Defendants in initiating the prosecution. However, the trial Court found that the complaint was "true" and dismissed the Plaintiffs' suits, The lower appellate Court came to the conclusion that The complaint was false and the same was based on enormity" and remanded the suits to the trial Court for a decision on the other issues including the one relating to damages. It is against this order in both cases that the present appeal is filed. 3. Two main grounds have been taken by Mr. Mukhtar Ahmad, the first of which is that although the lower appellate Court has found that Defendants Nos. 2, 4 and 5 conspired with the other Defendants to initiate the criminal proceedings there is no evidence on the point. I do not however feel that it is necessary to decide this question, which does not arise out of the present appeal from the order of the lower appellate Court. If ever the case comes before the Court in second appeal it will be for the Court hearing the appeal to decide the point. 4. The second argument is that there is no finding on the question of reasonable and probable cause. In the case of Balbhaddar Singh v. Badri Sah (1926) AIR 1926 P.C. 46 : 95 Ind. Cas. 329 : 24 A.L.J. 453, their Lordships of the Privy Council have laid down the rules by which Courts trying this class of suits are to be guided. In the case of Balbhaddar Singh v. Badri Sah (1926) AIR 1926 P.C. 46 : 95 Ind. Cas. 329 : 24 A.L.J. 453, their Lordships of the Privy Council have laid down the rules by which Courts trying this class of suits are to be guided. It is expressly stated there that the innocence or the reverse of the Plaintiff on the criminal charges is not one of the questions which has to be decided; but that is exactly what the Courts in this case have decided and they have both based their decision on their findings on that issue. On the other hand the essential issue of the existence of reasonable and probable cause has not been even considered by the Courts. When the lower appellate Court decided that the complaint was false, its meaning simply was that the Plaintiffs were innocent of the charge that had been brought against them. It did not consider whether, in view of the fact that the complainant had been beaten, he had reasonable and probable cause for naming the Plaintiffs as his assailants, and it was open to all the Defendants to prove that they had reasonable and probable cause for prosecuting the Plaintiff in spite of the finding by the appellate criminal Court that the Plaintiffs had been able to prove alibis which satisfied that Court. It is necessary therefore for the lower appellate Court to come to a definite finding on the issue of whether the Defendants or any of them had reasonable and probable cause for initiating the prosecution of the Plaintiffs. If that issue is decided in the affirmative it will of course not be necessary to remand the case to the trial Court for a finding on the other issues. If on the other hand the finding is in the negative such remand may be necessary. At the present stage, however, the order of remand passed by the lower appellate Court is premature because the essential issue has not been decided. 5. I therefore allow the appeal with costs, set aside the order of remand passed by the lower appellate Court and direct the Court to re-admit the appeal on its original number and decide it according to law.