NAYABATI Vs. SANGHAMITRA SABOO

JUDGEMENT

(1.) The order dated 20/10/2001 passed by the learned Civil Judge (Senior Division), 2nd Court, Cuttack rejecting the prayer of the defendant-petitioner for amendment of the written statement is under challenge before this Court in this revision.

(2.) The opposite party has filed the suit claiming damages to the tune of Rs. 1,50,000/ - against defendant-petitioner for defamatory publication made in their local daily The Nayabati against the plaintiff-opposite party. A further prayer has also been made in the suit to restrain the defendants permanently from publishing any news item against the plaintiff in the paper publishing by them.

(3.) The allegations of the plaintiff-opposite party is that in 24.10.1997 edition of the defendants publication, namely "The Nayabati", a news item was published with the heading "Mahadevanka Ghara Ghouda". Under the said heading a small article was published making some allegations against the plaintiff-opposite party. In the written statement filed by the defendant a plea was taken that the said item had never been published for the purpose of either defaming the plaintiff or her family members. It was also pleaded that the facts were based on news reports from reliable sources including police department and there was no malice from the side of the defendants in publishing the same. After closure of evidence from both sides, application for amendment of written statement was filed. In the application an amendment was sought for to add a paragraph indicating the meaning of the heading under which the article had been published. An objection was filed on behalf of the plaintiffopposite party stating that the amendment sought for was c nly to cause delay in disposal of suit and in course of hearing sufficient opportunity had been given to the defendants to explain the meaning of the news item at different stages, but the defendant did not choose to do so and at the fag end of the suit, when the same was posted for argument, application for amendment was filed.