CHHOGALAL Vs. PURUSHOTTAM VIJAY

JUDGEMENT

(1.) ON 3-8-1952 in the issue of INDORE SAMACHAR Hindi Daily having a large circulation in Indore, a news item under the caption "SETHAJI KA HAMALA POLICE KO", appeared. Purshottam Vijay is the Editor, Printer and Publisher of the said Daily. '

(2.) THE plaintiff-appellant Chogalal alleges that he was running a business of Iron and Steel in the name of Jokhiram Kanhyalal and the news item that was published under the above caption was done in order to defame him. THE item was deliberately published without any good faith maliciously in order to lower him in the estimation of the public. This has resulted in injuring his status in life as well as his business. It has also given him mental shock and pain.

(3.) IN his special pleadings the defendant further submitted that the claim was barred by time. He also claimed compensatory costs for this false and frivolous claim.