VIJAY PAHWA Vs. BRATATI MUKHERJEE

JUDGEMENT

(1.) The defendant in a suit for defamation has come up with the instant application for rejection of plaint on the ground that even on the basis of averment made in the plaint, the same is liable to be rejected.

(2.) The plaintiff has filed the instant suit claiming Rs. 5 crore as damages for defamation and his case as made out in the plaint may be summarized thus:

(3.) Mr. Shome, the learned counsel appearing on behalf of the defendant has first submitted that the defendant being a public officer and the accusation made herein having been allegedly done by the defendant in course of her official duty as such public officer, in the absence of any notice under Section 80 of the Code of Civil Procedure ('Code') the suit is not maintainable. Mr. Shome contends that in the plaint no averment has been made that any notice under Section 80 of the Code has been served upon the defendant. According to Mr. Shome, such averments are mandatory and in the absence of such averments the plaint is liable to be dismissed.