JUDGMENT :

BHASKAR RAJ PRADHAN, J.

1. A revision petition under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) has been filed by the petitioner/defendant no. 1 (the petitioner). It is against the impugned order dated 18.12.2019 passed by the learned District Judge, South Sikkim at Namchi (the learned District Judge). The impugned order rejected the application under Order VII Rule 11 of the CPC filed by the petitioner. The petitioner had sought for rejection of the suit filed by the respondent no. 1/plaintiff for failure to disclose a cause of action and for being barred by law.

2. The suit was filed by the respondent no. 1 against the petitioner for recovery of money for malicious prosecution and other reliefs. In the plaint it was averred that the petitioner was a teacher by profession and the defendant no. 2 (the respondent no. 2 herein) was the State of Sikkim who had prosecuted the respondent based on false First Information Report (FIR) lodged by the petitioner. The plaint categorically states that the respondent no. 1 is not seeking any reliefs against the respondent no. 2.

3. As per the narration in the plaint an FIR was lodged on 14.07.2016 by the