( 1 ) THE revision-petitioner raised a preliminary point in the trial Court that the suit be dismissed as he is a judicial officer and is protected by the Judicial Officers protection Act, 1850. The trial Judge has postponed decision of that issue saying that it would be decided after recording evidence of both the parties inasmuch as before any protection is given to the defendant, the fact that he had jurisdiction to do the acts complained of is to be established and for that purpose evidence is necessary.

( 2 ) IT is averred in the plaint that the plaintiff commands great respect in the society. He is an ex-Malguzar possessing about 45 acres of agricultural lands jointly with his brother, Onkarsingh; his annual income is about Rs. 10,000. Before the merger of the States, he was in the employ of the Ruler of Sakti State as a mukhtar. Mr. D'souza (the defendant) is the Sub-Divisional Magistrate at Sakti. The defendant is very friendly with Satyanarain and Sadhuram, proprietors of the janata Printing Works, Sakti, with whom the plaintiff's relations are strained. The defendant had an inclination to resort to abuse of legal process with a view to harass the plaintiff.