RAMPAL SIHAG Vs. GURMEET SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India read with Sec. 115 of the Code of Civil Procedure, 1908 (CPC) challenging the order dtd. 3/1/2023 passed by the Trial Court whereby the application filed by the defendant-petitioner under Order 7 Rule 11 read with Sec. 151 of CPC has been dismissed.

(2.) The brief facts relevant to the present lis are that the plaintiff- respondent filed a suit against the defendant-petitioner for recovery of damages for defaming and dragging the plaintiff-respondent into false and frivolous complaints before various authorities i.e. HRERA, Registrar Firm and Societies, Panchkula, CM Window and State Registrar of Societies etc. The defendant-petitioner filed an application under Order 7 Rule 11 of CPC for rejection of the plaint on the ground that the same did not disclose any cause of action. It was averred in the application that in the suit, there is no mention of any statements which are defamatory in nature. It has also not been mentioned in the plaint as to where and when the alleged defamatory statements are stated to have been made. It was further averred that there were no details mentioned other than vague accusations. The plaintiffrespondent contested the application and filed a reply to the same. Vide the impugned order, the Trial Court dismissed the application holding that the issue could not be gone into without affording an opportunity of leading evidence to both the parties. Hence, the present revision petition by the defendant-petitioner.

(3.) Learned counsel for the defendant-petitioner has, while referring to the plaint (Annexure P-2), stated that the ingredients for filing of a suit for defamation are missing from the plaint. No details of any derogatory/defamatory statements alleged to have been made by the defendant-petitioner are given in the plaint. Even the details of the cases before the various authorities as alleged are not mentioned in the plaint. Learned counsel has further stated that a statement made before a court or a quasi-judicial authority is absolutely privileged and for the said reasons it cannot be made basis for a defamatory action. In support of his contentions, learned counsel has relied upon the judgment of this Court in the case of Mahavir Singh Vs. Surinder Singh [CR No.6008 of 2010 decided on 29/9/2010] and the judgment of the Delhi High Court in the case of Brig. B.C. Rana (Retd.) Vs. Ms. Seema Katoch and Ors. [2013 (198) DLT 35].