AJAY AGGARWAL Vs. VINOD MEHTA

JUDGEMENT

(1.) . This suit for the recovery of damages in the of Rs.10,05,500/- and mandatory injunction was filed by the plaintiff, an IPS Officer, against the defendants who are the Chief Editor, Printer Publisher, staff Reporter and the owner of the newspaper "The Pioneer

(2.) The defendants were appearing in the suit and had filed their written statement also. However, on account of non-appearance, they were proceeded against ex -parte on 31.8.1999. In his ex-parte evidence, the plaintiff has filed his own affidavit and the affidavit of Shri M.B.Kaushal.

(3.) The averments as contained in the plaint are that the plaintiff is a 1996 Batch officer of Indian Police Service. The defendant No.1 is the Chief Editor of the newspaper "The Pioneer", the defendant No.2 is its Printer/Publisher, the defendant No.3 is its owner and the defendant No.4 is the Staff Reporter. It may be mentioned here itself that defendant No.4 has not been named and has been sued only in the name of Staff Reporter, on the ground that his name is not known to the plaintiff. The plaintiff alleged that in the Delhi Edition of the newspaper "The Pioneer" a new item appeared on 10.7.1992 which read as under :