D.R. GOSWAMI Vs. M.R. DHIMAN

JUDGEMENT

(1.) THE Appellant has come in appeal against judgment, decree dated 1.9.2000 passed by learned District Judge, Shimla in Civil Appeal No. 47 -S/13 of 2000, reversing judgment, decree dated 23.3.2000 passed by learned Sub Judge, 1st Class Court No. 1, Shimla in Case No. 110/1 of 97/93.

(2.) THE facts in brief are that Appellants had filed a suit for damages of Rs.1,00,000/ - against Amrit Lal, Ram Saran Sharma and M.R. Dhiman on account of defamation. It was pleaded that the Appellant had retired as Assistant Engineer on 31.12.1991 and enjoys good reputation. The Defendants had filed a suit for permanent injunction in which Appellant was also impleaded as proforma Defendant. In the suit the Appellant had filed written statement and reply to the application under Order 39 Rules 1 and 2 Code of Civil Procedure. The Defendants had filed replication to the written statement and rejoinder to the reply for interim injunction in that suit.

(3.) THE Appellant had also filed an application in the said suit under Order 6 Rule 16 Code of Civil Procedure to strike off the defamatory allegations made in the replication and rejoinder but the said suit was withdrawn. In these circumstances, the suit was filed.