CHAND Vs. JAI BHAGWAN SHARMA

JUDGEMENT

(1.) THE plaintiff has instituted this suit for recovery of Rs. 25 lacs with pendente lite and future interest at 18 % per annum, by way of damages for defamation by the defendants of the plaintiff. The defendant No. 1 is described as an inspector, the defendants No. 2 & 3, Head Constables of Delhi Police. It is inter alia the case of the plaintiff that the plaintiff is a highly respectable person and Pradhan of a Society and is involved in various charitable and philanthropic activities and enjoys a high reputation and status in the society. The plaintiff claims to have earlier instituted a suit in the Court of the Civil Judge, Delhi against some persons who are not parties to the present suit; in the said previous suit an interim order is stated to have been granted in favour of the plaintiff and against the defendants in that suit; the defendants in that suit are stated to have violated the interim order; the plaintiff claims to have on 13th July, 1999 instituted contempt proceedings against the defendants No. 1 to 3 in this suit as well as certain other persons, before the Court of Civil Judge where the other suit is pending, for breach of the interim order aforesaid; the defendants No. 1 to 3 are stated to have filed a reply on 30th November, 1999 to the contempt proceedings of the plaintiff and in which reply, the defendants No. 1 to 3 are stated to have pleaded as under:-

(2.) IT is the averment of the plaintiff that the aforesaid averments in the reply filed by the defendants to the contempt petition are not only false, frivolous but defamatory, libelous and derogatory and have lowered the reputation and honour of the plaintiff. The plaintiff has further pleaded that the defendants herein have also circulated the copy of the said reply filed by them amongst friends, neighbours and relatives of the plaintiff, thereby defaming the plaintiff and giving bad name to the plaintiff amongst his friends, neighbours and relations. The plaintiff has in para 9 of the plaint stated that since the defendants have made defamatory, derogatory and libelous allegations against the plaintiff "in the reply filed in the court which is a judicial record and is a public document, as such all the defendants rendered themselves liable to compensate the plaintiff and plaintiff has become entitled to claim damages from them ... ". The plaintiff has claimed a sum of Rs. 25 lacs by way of damages from the defendants.

(3.) THE defendants filed a written statement taking various pleas. The plaintiff filed a replication thereto. The defendants also filed IA No. 9400/2003 under Order 7 Rule 11 of the CPC. On 25th August, 2004, the said application under Order 7 Rule 11 of the CPC was disposed of by framing the following preliminary issue: