S.D. Agarwala, J. - (1.) This is a Civil Revision filed Under Sec. 115 Code of Civil Procedure.
(2.) The revisionist Gorakh Nath Upadhaya filed a suit No. 48 of 1979 in the Court of the Civil Judge, Ballia, against opposite party Nos. 2 to 17, for recovery of Rs. 5,00,000/ - as damages for malicious prosecution. Shri Saibal Kumar Mukerjee, opposite party No. 2. was the then District Magistrate of Ballia. This revision is being contested on his behalf alone.
(3.) During the pungency of the suit, Issue Nos. 15 and 17 were decided as preliminary issues by order dated 17th November, 1983, by the Civil Judge, Ballia. Issue Nos. 15 and 17 were to the effect as to whether the suit is liable to be rejected Under Order 7 Rule 11, Code of Civil Procedure as against opposite party No. 2 and as to whether the opposite party No. 2 is liable to be discharged, as no cause of action has been shown to exist against him.;