CHIEF EDITOR JANSATA Vs. ARUN SEN

JUDGEMENT

(1.) THE present appeal arises out of the judgment and decree dated 18th March, 1999 passed by the District Judge, Solan, H.P. in Civil Suit No. 32 -S/10 of 95/88 titled as Arun Sen v. Chief Editor Jansata and Anr.

(2.) RESPONDENT -Arun Sen (hereinafter referred to as the 'plaintiff ') filed a suit for damages of Rs. 5,00,000/ - against the present appellants (hereinafter referred to as the 'defendants ') averring that the defendants had caused publication of defamatory news items in the Daily Newspaper "Jansata" published on 22nd April, 1988 from Chandigarh.

(3.) THE trial Court, based on the pleadings of the parties, framed the following issues: 1. Whether the suit is bad for misjoinder and non -joinder of necessary parties? ...OPD. 2. Whether the defendant No. 1 published a news item at the instance of defendant No. 2 in the daily newspaper 'Jansatta ' on 22 -4 -1988? ...OPP. 3. Whether the publication of news item by the defendant was intended and meant to defame the plaintiff? ...OPP. 4. Whether the news item was true in substance and was reported in good faith being a matter of public interest? ...OPD.