JAGANATH SARDAR PARDHI Vs. BHOJRAJ MAYARAM PARDHI

JUDGEMENT

(1.) By this Second Appeal filed under Section 100 of Civil Procedure Code, the appellant . original plaintiff is challenging the reversing judgment dated 16.12.1991 delivered by 2nd Additional District Judge, Gondia, in Regular Civil Appeal No. 2 of 1987. He filed suit for damages on account of libel and claimed amount of Rs.5,000/-. The contention was Certificate Exh. 40 issued by Gram Panchayat of village Chirekhani was defamatory. The members of Gram Panchayat along with Sarpanch, Up- Sarpanch were joined as defendants. The defendants came up with plea of truth of contents of their certificate. The trial Court decreed the suit after holding that contents of certificate were not proved to be true. The appellate Court, however, found that there was material on record which supported the certificate issued and therefore allowed the appeal of the respondents.

(2.) On 25.6.1992, appeal has been admitted on substantial question of law as to whether the certificate which allegedly contains a libelous material, could have been issued by defendants in performance of their official duty .

(3.) Shri Chandurkar, learned counsel for the appellant has invited attention to provisions of Section 183 of the Bombay Village Panchayats Act, 1958, and states that issuance of such certificate is not covered under Section 183 and therefore, it could not have been issued and the substantial question of law, therefore, needs to be answered in favour of present appellant. He further states that the appellate Court has committed error by giving importance to dropping of Chapter proceedings or to evidence about grievance made by uncles of appellant. He points out that one of the uncles had in fact withdrawn said grievance and accordingly in any case when such grievance is between relatives and relating to ancestral property, certificate of such nature could not have been issued. The provisions of Section 183 of the Bombay Village Panchayats Act, 1958, read as under :