VIMAL KUMAR Vs. DESHDIWAKER

JUDGEMENT

(1.) This second appeal has been preferred by plaintiff having lost from both the Courts below.

(2.) The plaintiff filed suit for damages to the tune of Rs. 7.000/- on account of defamatory statement published by defendant No. 1 by publishing a pamphlet naming "nrnjf wWI". This pamphlet, according to the plaintiff was distributed on 14th January, 1983 which was read by some persons, the names of some of them are mentioned in the plaint. The statement, which according to the plaintiff, is defamatory has been pleaded in para 3 of the plaint and which is as under :- <IMG>judgement_37_air(mp)_2005_MAH.B071005_37H.jpg</IMG> <IMG>judgement_37_air(mp)_2005_MAH.B071005_37K.jpg</IMG>

(3.) Since the above said statement of defendant No.1 is defamatory the plaintiff has filed suit for damages and has prayed that a decree to the tune of Rs. 7.000/- with interest 12% per annum be passed in his favour.