AVA CHAKRABORTY & ANOTHER Vs. BHABATOSH SINHA

JUDGEMENT

(1.) The petitioner by filing this application under Article 227 of the Constitution seeks quashment of an order dated 03.05.2007 passed by learned Civil Judge (Sr. Division) First Court, Cuttack in C.S. No. 140 of 2005.

(2.) Facts necessary for the purpose are stated hereunder:- The petitioners (plaintiffs) have filed the above noted suit for defamation on account of libelous statement made in the written statement filed by this opposite party who is the defendant in the present suit as also defendant in C.S. No. 375 of 2002, claiming compensation.

(3.) Heard learned counsel for the petitioners and opposite party. I have carefully gone through the order in question as also the rival pleadings. From the beginning some important aspects are required to be kept in view dealing with this matter and those are:-