KALAWATI DEVI Vs. AMBIKA BHAGAT

JUDGEMENT

(1.) THE appellant Kalawati Devi brought a suit for damages for defamation against the respondent. The suit was decreed by the 2nd Additional Munsif, Siwan. The appellant was awarded compensation of Rs. 800/ -. On appeal, learned Additional District Judge, Siwan reversed the decree dismissing the suit on the short ground that the claim for compensation for defamation was not maintainable since the defamatory statement was made in a court proceeding which was absolutely privileged.

(2.) THE only question for consideration is whether the appellate court took the correct view of the law.

(3.) IN the written statement the defen -dent did not deny the allegation, rather he has asserted the fact to be true. The appellate court in para -22 of the judgment has held as follows : - "22. Thus on analysing and weighing the evidence adduced by the parties before the Munsif, I find that the statement of the appellant in para -4 of his show cause in the proceeding u/s 144 Cr. P.C. i.e. 'First Party No.2 Kalawati Devi was originally married to late Mathura Lal. She is a lady of very bad character and leads an immoral life so much so that soon after the death of Mathura Lal, she re -married with Baleshwar Lal first Party no.1 is totally false and defamatory and the appellant had knowingly and deliberately made this statement and as a result of this statement the respondent had suffered mental pain and injury. Hence I agree with the finding of the learned Munsif regarding it, and decide this point in favour of the respondent."