RAHIM BAKHSH Vs. BACHCHA LALL

JUDGEMENT

(1.) This is an appeal by the defendant from the judgment and decree of the Subordinate Judge of Banda in a suit for damages founded upon slander.

(2.) Plaintiff Bachcha Lal is a partner in the firm of Mulchand Ram Prasad, which carries on extensive business at Banda, and as commission agents and in the purchase of sale and grain.

(3.) In 1924, one Chhedi Brahmen had agreed to purchase from the plaintiff's firm through Bachcha Lal 200 bags of gram of a particular kind and quality and had paid Bachcha Lal Rs. 200 by way of earnest money. This transaction led to a criminal complaint, which was filed by Chhedi against Bachcha Lal under Section 420, I.P.C. The trial of the case was in progress and while the cross-examination of Chhedi was proceeding, Babu Kesho Chandra Singh, a vakil for Bachcha Lal, asked Chhedi, the complainant whether the plaintiff's firm was the biggest arhatia firm for grain in the city or not. Chhedi answered that question in the affirmative. Rahim Bakhsh, who was a mukhtar for Chhedi in the criminal case and who was sitting close to Babu Kesho Chandra Singh immediately upon hearing that answer by the complainant is said to have interjected the observation that "they were the most dishonest men also in the city". The original words were bande men sab se bare be iman hain. It is said that Kesho Chandra Singh immediately protested and asked the Magistrate to make a record of this statement having been made by the defendant but the Magistrate said that he had not heard the remark in question and did not record the same in his proceedings. Plaintiff alleges that the complaint of Chhedi was thrown out on 21 January 1925 as false. It is not disputed before us that the complaint was dismissed. Lala Bachcha Lal instituted the suit which has given rise to the present appeal against Munshi Rahim Bakhsh Mukhtar on 9th April 1925 for recovery of Rs. 5,100 on account of damages sustained by him by the slanderous words uttered by Rahim Bakhsh in the Court of the Magistrate. The defendant denies having uttered the words which are imputed to him. In the alternative he claims privilege.