D V SINGH Vs. PRITAM SINGH TANEJA

JUDGEMENT

(1.) The delay of 739 days is stated to have been caused on account of pendency of a review petition challenging the impugned judgment and which review petition was immediately filed after the impugned judgment. The present appeal has been filed within a reasonable period of the review petition being disposed of. Therefore, in my opinion there is a sufficient reason for condonation of delay for the reasons as stated in the application, more so' in the absence of any response. The application is allowed. The delay is condoned. CM stands disposed of.

(2.) The challenge by means of this Regular First Appeal under Section 96, CPC is to the impugned judgment of the Trial Court dated 6.10.2008 which rejected the plaint under Order 7 Rule 11, CPC. The suit which was filed was a suit for recovery of Rs. 19,95,000/- on account of the plaintiff setting up a case that he was defamed by the respondent/defendant.

(3.) The plaint has been rejected under Order 7 Rule 11, CPC, and it is not as if the suit has been dismissed after the trial. The plaint has been rejected on two counts. The first count is that the communications between the defendant/respondent with the Registrar of Co-operative Societies in which the alleged defamatory statements have been made are privileged communications. The second ground is that the letters which caused defamation to the plaintiff were not signed or found to have been written by the defendant/respondent.