INDRESH DHIMAN Vs. HINDUSTAN TIMES AND OTHERS

JUDGEMENT

(1.) Main suit, in present case, has been filed for damages on account of acts of misfeasance, malfeasance and nonfeasance on account of false and malicious printing and publishing of defamatory material by the defendants against the plaintiff in their respective newspaper/news channel on various dates in the month of January, 2014.

(2.) Applications, being decided vide this common order, have been filed by defendants No.1 and 2 under Order 7 Rule 11 of the Code of Civil Procedure (herein after referred to as 'CPC' for short), before filing but reserving right to file written statement, on the ground that the suit is barred by provisions of Limitation Act, 1963 and thus plaint is liable to be rejected, for the reason that the publication, alleged to be defamatory, by which plaintiff is aggrieved, was published on 14.1.2014, whereas, present suit has been filed on 7.1.2017 after expiry of limitation period, as prescribed under Article 75 of Limitation Act.

(3.) In reply to these applications, there is denial simplicitor to the averments made in the applications with further assertion that suit is well within the period of limitation.