NAU NIHAL SINGH RANA Vs. SUNIL KUMAR

JUDGEMENT

(1.) This is an application by the Defendant seeking rejection of the plaint on the ground that the plaint does not give rise to any cause of action.

(2.) The aforementioned suit has been filed by the Plaintiff claiming damages and compensation in the sum of Rs.25 lakhs along with interst @ 12% per annum from the date of filing of the suit till the date of realisation. According to the Plaintiff, the Defendant is liable to pay him the aforementioned sum as damages and compensation for defamation.

(3.) The Plaintiff states that he was working as Chief Personnel Officer with Northern Railway from 4th September 1995 to 31st October 1996. The Plaintiff states that he had filed a civil suit in this Court in January 2001 against the Ministry of Railways for grant of compensation of Rs.10 lakhs for defamation in connection with a press communique dated 4th November 1996 issued by the Ministry of Railways. When the suit was transferred to the Court of the learned Additional District Judge ('ADJ') on account of revision of pecuniary jurisdiction, it was re-numbered as CS No. 83 of 2009. The said suit was dismissed on 26th July 2010 on the ground of limitation. A copy of the said judgment has been placed on record. The Plaintiff states that he has filed an appeal being RFA No. 757 of 2010 against the said judgment which is pending.