PREM PEYARA Vs. KAMLA SINHA ALIAS KAMALA PREM

JUDGEMENT

(1.) By this order, I propose to decide the application filed by the defendants under Order VII, Rule 11(d) read with Section 151 CPC on the ground of limitation under Article 75 of the Limitation Act, 1963.

(2.) The plaintiff has filed the suit for recovery of Rs. 21 lac along with interest @ 12% per annum towards damages and compensation on defamatory grounds against the defendants, on the reason that some defamatory imputations were made by the defendants in their written statement dated 17th January, 2005 filed by them in Civil Suit No. 403 of 2004. Admittedly, the said suit was dismissed for want of court fee.

(3.) The plaintiff has not denied the fact that when the said alleged imputations were made by the defendants in their written statement dated 17th January, 2005, no suit for damages within one year was filed by the plaintiff against the defendants. It is argued by the counsel for the plaintiff that since the said imputations are repeated by the defendants in the ongoing cross-examination of the plaintiff during trial proceedings in the same Court of Sh. Tarun Yogesh, M. M. , and which were referred on 8th March, 2011 and 21st July, 2011 when DW Mukesh Kumar was examined in chief by defendant No. 1, therefore, the plaintiff was compelled to file the suit within his rights.