VEER ARJUN NEWSPAPER PVT. LTD. Vs. BAHORI LAL

JUDGEMENT

(1.) THE appeal impugns the judgment and decree (dated 16th November, 2002 of the Court of the Addl. District Judge, Delhi in Suit No.62/99 filed by the respondent no.1 for recovery from the appellant and the respondents no.2&3 of damages of Rs.5 lacs on account of defamation) of recovery of Rs.1 lac against the appellant and the respondent no.3 Chief Editor, Dainik Public Asia and in addition directing the appellant and the respondent no.3 to publish the rebuttal of articles dated 4th May, 1998, 15th April, 1998 and 17th April, 1998 published in their respective newspapers, in the form of unconditional apology on the front pages of their respective newspapers at a conspicuous place.

(2.) THE appeal was admitted for hearing and subject to the appellant/defendant depositing 50% of the decretal amount with interest, the execution of the judgment and decree was stayed. The respondents no.2&3 failed to appear despite service by publication. The appeal was dismissed in default on 23rd January, 2013 and upon application for restoration being filed by the appellant/defendant, notice was issued to the respondent no.1/plaintiff who has also failed to appear despite service. The counsel for the appellant/defendant has been heard and the Trial Court record perused.

(3.) THE appellant/defendant contested the suit by filing a written statement on the grounds: -