MANSI GUPTA Vs. PREM AMAR

JUDGEMENT

(1.) This order will dispose of the application moved under Order VII Rule 11 read with Sec. 151 of the Code of Civil Procedure, 1908 ('CPC' for short) on behalf of the defendants, with the following prayers :

(2.) Before proceeding with the merits of the application, it may be noted that the suit has been filed for recovery of a sum of Rs.5.00 crores, by the plaintiff, who is the daughter-in-law of the defendants. Her case is that the defendants had, by their words and actions, including a press-conference addressed by them, openly accused the plaintiff of being guilty of and conniving and conspiring to have her husband murdered. On account of the wide publicity of this statement, including in the print-media, the plaintiff submitted that her reputation had been shattered and being a businesswoman, was also maligned through wrongful impressions being created not only with the general public, but also with her business associates. Her social life had also been negatively impacted and she and her family were suffering from acute anxiety and depression.

(3.) By means of the present application, the defendants have contended that the plaint did not disclose any cause of action and since the defendants had only one thought in their mind, which was the apprehension of the true murderer of their one and only son and malice could not be attributed to them and therefore, the plaint was liable to be rejected.