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 defendant 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: