RANDHIR JAIN Vs. VEENA RANI

JUDGEMENT

(1.) THIS petition under Section 115 of Code of Civil Procedure, 1908 (CPC) impugns the judgment of the trial court dated 19.1.2013 by which the trial court has dismissed the suit filed by the petitioner/plaintiff against the respondent/defendant who is a judicial officer for the damages of Rs.3.50 lacs.

(2.) THE sum and substance of the cause of action which is pleaded in the plaint is that the plaintiff states that the respondent/defendant sent a false complaint to this Court for taking action of criminal contempt against the petitioner, and since the petitioner/plaintiff has been discharged in the criminal contempt vide the order of a Division Bench of this Court dated 29.11.2012, petitioner/plaintiff has to be compensated for harassment and the false complaint which was made by the respondent/defendant.

(3.) AS per the aforesaid Section 1 of the 1850 Act, a judicial officer has immunity even if the order passed is without jurisdiction provided the judicial officer in good faith believed that he had jurisdiction to pass the order. Therefore, though the judicial officers were given protection/immunity, that was subject to the judicial officer believing in good faith that he had jurisdiction.