NEMICHAND Vs. KHEMRAJ

JUDGEMENT

(1.) THIS is a defendant's second appeal arising out of a suit for damages for publishing a defamatory leaflet. Since none of the respondents has appeared in spite of service. I have heard the appeal ex parte.

(2.) THE suit was for Rs. 2,100/- and out of the five defendants impleaded in the suit a decree for Rs. 500/- was passed only against defendant No. 5 Nemichand who is alleged to have printed the leaflet in question. Both the plaintiff and the defendant No. 5 filed appeals in the Court of the District Judge, Jodhpur who dismissed the plaintiff's appeal as having abated but upheld the decree for Rs. 500/-against defendant No. 5 who has come in Second appeal to this Court.

(3.) THE plaintiff's case is that on 11th June, 1961 the defendants, Nos. 1 to 4, namely. Ramdas, Laxminarain Bagji, who is now dead and is represented by his son Gutii respondent No. 4, and So-hanrai convened a meeting at Kabootron ka chok Jodhpur which was presided over by defendant No. 3 Bagii and speeches were delivered by defendants 1, 2 and 4 in which wild imputations were made against the plaintiff for molesting women, extracting money by unlawful means and remaining absent from duty from the railway workshop. It was further alleged that the gist of these speeches was got printed by defendants 1 and 2, namely ramdas and Laxminarain in the National Printers Press owned by defendant No. 5 nemichand and the Printed leaflets were subsequently distributed at various places with the result that the plaintiff was suspended from service and his reputation was greatly impaired.