RAM JETHMALANI Vs. SUBRAMANIAM SWAMY

JUDGEMENT

(1.) In the course of proceedings before a Commission of Inquiiry where the plaintiff was appearing in his professional capacity as a Senior Advocate, in his written submissions in the nature of arguments addressed to the Commission, the defendant allegedly made certain libellous statements, giving rise to an action for damages. Consequently, a suit for damages against the defendant was brought before this Court.

(2.) Alleged defamatory statements constituting basis of the suit, as reproduced in the plaint read as under:

(3.) The defendant has by making present application sought to effect certain amendments in his written statement. A new paragraph 5A, to the following effect is sought to be added? 5A: "The alleged cause of action has been expunged by the Jain Commission of Inquiry, which on 22.11.1995 has ordered as follows: