BIMLA BORA Vs. SHAMBHUJI

JUDGEMENT

(1.) Order impugned before this Court is the order dated 28.10.2009 vide which the application filed by the defendant under Order 7 Rule 11 of the Code of Civil Procedure (hereinafter referred to as the Code) seeking rejection of the plaint had been declined.

(2.) Record shows that the present suit is a suit for damages on account of libel and slander; sum of Rs.50,000/- has been claimed. Plaintiff is a doctor by profession. Defendant is stated to a medical officer working at the CGHS Dispensary; at the relevant time the plaintiff was in charge of the CGHS Dispensary at Vivek Vihar. It has been averred that the defendant was undergoing a departmental penalty pursuant to which she had been relegated as a junior to the plaintiff which was not liked by her. On 11.5.1992 by an office order the plaintiff was directed to deal with the confidential reports (CRs) of various staff members which included the defendant also. Defendant did not like this arrangement and she adopted illegal and unfair means to scandalize this issue. In the plaint three different instances/occasions of defamation have been alleged by the plaintiff.

(3.) Defendant in his written statement has raised a preliminary objection about the maintainability of the suit pursuant to which a preliminary issue had been framed which reads as under: