SANTOSH KUMAR MODA Vs. BANK OF BARODA

JUDGEMENT

(1.) Plaintiff is appellant against order rejecting the plaint under Order 7 Rule 11 Civil Procedure Code before admission of the plaint.

(2.) Plaint case is that plaintiff is a customer of defendant-bank. Money Suit No. 279 of 1981 was filed by the bank against plaintiff claiming Rs. 58,295.92 paise making some statements in that plaint which was defamatory to ill reputing plaintiff. Such statements were without enquiry. Suit of the bank was dismissed for default.

(3.) Trial court rejected the plaint on findings to the effect that assertions in pleadings may be cause for exemplary costs but would not be cause of action for defamation.