LAWS(P&H)-2017-12-30

JAWAHAR LAL SIBIA Vs. SANJIV KALIA AND ANOTHER

Decided On December 08, 2017
Jawahar Lal Sibia Appellant
V/S
Sanjiv Kalia And Another Respondents

JUDGEMENT

(1.) Defendant-Petitioner is in revision petition against the order dismissing the application under Order 7 Rule 11, CPC for rejection of the plaint.

(2.) Learned counsel for the petitioner has submitted that as per Section 97 of the Town Improvement Act, 1922, no suit is maintainable against any officer or servant of the Trust. He submits that since the action which the petitioner took was in discharge of his duties, therefore, the suit would not be maintainable.

(3.) On the other hand, learned counsel for the respondent has submitted that the plaintiff has filed a suit for recovery of Rs.5 lacs on account of compensation as damages suffered by the plaintiff on account of malicious, unworthy and unwarranted litigation brought by defendant No.1 with active connivance of defendant No.2. He has further submitted that the plaintiff was involved in a false and frivolous case being FIR No.16 dated 30.07.2009 and after trial the plaintiff was acquitted.