JUDGMENT :

1. The present application under Article 227 of the Constitution of India is at the instance of the petitioner/ defendant being aggrieved by order passed by learned Civil Judge (Senior Division) 1st Court Alipore in Money Suit No. 1 of 2013 whereby the petition under Order7 Rule 11(b) C.P.C was rejected.

2. The facts necessary for determination of the present application in gist is that the opposite party has filed Money Suit No. 1of 2013 against the defendant towards damage for malicious prosecution and defamation after being acquitted from Complaint case no. 81 of 2010 filed by the defendant against the plaintiff before the learned Judicial Magistrate 2nd Court, Diamond Harbour.

3. It has been alleged that due to malicious criminal prosecution brought by the defendant against the plaintiff he lost all respect and reputation in the society and which has also damaged his career. Thereby, filing the money suit he has claimed damaged to the tune of Rs.50,000/-for malicious prosecution and has claimed Rs.1,00,00,000/-for defamation and has paid Court fees of Rs.2,900/-only.

4. The defendant by filing an application under Order 7 Rule 11(b) of C.P.C has prayed for rejection of t