B SUBHASH Vs. SANJHA JANSATTA

JUDGEMENT

(1.) THE plaintiff Subhash Babbar filed the suit against the defendants namely (1) Sanjha Jansatta (2) Vivek Goenka, (3) Prakhash Joshi, (4) Rahul Dev, (5) Sunita and (6) Indian Express News Paper (Bombay) Ltd. in the Court for a decree of Rs. 5 crores by way of compensatory damages. The plaintiff avers that by publication of the article Parde Ke Peechhe Kya Hai in the issue of Hindi Newspaper Sanjha Jansatta dated 13-1-1994, he was defamed. According to him, the defendants levelled insulting accusations and made derogatory and defamatory statements against him in the said news article. The newspaper Sanjha Jansatta is published throughout the country and by the said publication, the plaintiff says his reputation, character and pride was lowered in the eyes of the society. It is averred in the plaint that plaintiff through his representative filed complaint in the Press Council of India, New Delhi on 24-1-1994 under the Press Council Act, 1978 against the defendants for the publication of the said defamatory article. In the said complaint the defendants filed their reply on 25-4-1994 and plaintiff filed his rejoinder on 12-7-1994. The rejoinder was filed by the defendants on 29-9-94. The said complaint was finally decided on 4-8-1995 which according to the plaintiff was decided in his favour and thereafter the present suit has been filed.

(2.) THE defendants by this Chamber Summons pray that the plaint be rejected on the ground that it is barred by law.

(3.) THE learned counsel appearing for the defendants in support of chamber summons contends that the suit is barred under Article 75 of the Indian Limitation Act. According to her, Article 75 provides for the limitation for suit for compensation based on label and period of one year is prescribed which begins from the date such defamatory article was published. The learned counsel for the defendants would urge that according to the averments made in the plaint, the alleged defamatory article was published in the newspaper Sanjha Jansatta on 13-1-1994 and the claim for compensation based on said libel would commence from that date. The limitation, therefore, of one year prescribed under Article 75 commences from 13-1-1994 and the present suit filed on 14-12-1995, beyond the period of one year from the date of publication of the alleged defamatory article is barred.