BASANTI LAL Vs. LAXMINARAYAN

JUDGEMENT

(1.) This revision filed by the peti tioner is directed against an order dated 12th March, 1983 passed by the Additional District Judge, Khargone in Civil Suit NO. 1-B of 1982.

(2.) The facts giving rise to this petition, may be stated, in brief thus: Respondent No. 1 is a practising advocate at Khargone. His wife Smt. Padma died on 30th May, 1981 at an young age. When her body was taken to the cremation ground and funeral was about to take place, at the instance of respondent No. 2 Jhapu, who had lodged a report at the Police Station, the police seized the dead body from the funeral pyre. A postmortem examination of the dead body was conducted and according to that report nothing suspicious was found. This incident was published by the petitioner in the newspaper 'Nayi Duniya' of which he is the publisher and printer. Similarly other newspapers also published the said news i.e. 'Dainik Dopahar', 'Nimar Doot' and 'Navabharat'.

(3.) The plaintiff, therefore, filed the present suit for recovery of damages to the tune of Rs. 50,000.00 against the petitioner as also the respondents including the State of M.P. and claimed a decree against all of them jointly and severally.