( 1 ) THIS Civil Revision Petition is filed against the order dated 03/04/2002 in dismissing the petitioner s/ 1st defendant s application filed in i. A. No. 1593/2001 in O. S. No. 654/1993 on the file of the VII Senior Civil judge, City Civil Court, Hyderabad to reject the plaint for want of notice under Section 80 Code of Civil Procedure. The 1st respondent herein is the plaintiff who filed the said suit for recovery of the damages of rs. 5,00,000/- against the 1st defendant (petitioner herein) for malicious prosecution of the plaintiff in C. C. No. 1/1990 under different heads along with interest and costs. For the sake of convenience, the parties herein are referred to as they are arrayed in the suit.

( 2 ) THE brief facts of the case are as follows. The plaint was filed on 10/06/1993. Defendant No. 1 filed written statement on 09/04/1994. It is the case of the plaintiff that he has submitted a plan for construction of his house to the Municipal Corporation of Hyderabad for sanction in the year 1986 but the Municipal Corporation of Hyderabad rejected the same. Then the plaintiff applied to the Government for relaxation of the rules. At the relevant point of time