Civil defamation please help in lot of distress
Querist :
Anonymous
(Querist) 10 December 2011
This query is : Resolved
I was cheated of lot of money by a person X. I filed a 138 NI & 420 case against him. A leading newspaper daily published the news reading as "Man files case to recover money cheated by his relative". The news article was "A man filed a case for recovery of XX lacs in the court of XX Magistrate under 138 NI and 420 IPC from his own relative. The man running an upstore showroom at XXX told the Court how he had been cheated by his own relative and was helpless to recover the big amount of XX lacs from him and requested the Court to issue process against him" It also wrote the other paras of my petition. The article was written by the newspapers correspondent and his name is also written on the newspaper. As a retaliation now my relative now has filed now a civil defamation upon me. He mentions in his civil suit that I have given false statement to the newspaper which is why they have published the same and the same circulated all over india defamaed him as a cheater, a person cheating his own relative.
What I knew was that reporting the correct proceedings of judicial proceedings do not cause defamation. Secondly I never gave the story to the newspaper. They have published on their own and the name of their correstpondent is there.
Whether there is any ingredient for defaming him? I am not a party to the publishing of the news in the newspaper, it was their own sweet action. How can this petition be dismissed.
THANKACHAN V P
(Expert) 10 December 2011
As you are not responsible for the publication of above mentioned item, you need not worry about the defamation suit.
Devajyoti Barman
(Expert) 10 December 2011
Yes file petition in the court under order 7 rule 11 of cpc for rejection of plaint.
No case lies against you.
Raj Kumar Makkad
(Expert) 10 December 2011
Rejection of plaint is applicable only in the civil case and not in criminal so this is not applicable in your case as suggested by Barman.
You should file a revision against the summoning order before the sessions court. No defamation can be filed against you in the given facts.
V R SHROFF
(Expert) 10 December 2011
Raj,
Shri Barman stated correctly.
Read the statement of Mr. ANO
“As a retaliation now my relative now has filed now a civil defamation upon me. He mentions in his civil suit that ”
so it is a civil case.
Over and above, the Press is Liable, not a Complainant of 138.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 December 2011
Yes reporting as per court proceedings is not defamation but you can not escape liability for your pleadings in the complaint.
Accused has all the right to initiate such counter actions to weaken your case.
Querist :
Anonymous
(Querist) 10 December 2011
Shri Barman Sahib,
Thank you for giving advice but I have got more doubts, please help.
you are advising me that since the newspaper article was not published by me it is to be rejected under order 7 rule 11 of cpc for rejection of plaint. I read the google search for this but which of the ingredient of order 7 will apply. I mean when i file for rejection of the plaint of my relative what of order 7 rule 11 i should tell the court is applying in my case.
I was told my somebody that you have to file under some order 15 rule 1 that the parties are not a party at any issue or fact.
I want to repeat again=I filed the case in the court for recovery of money and the newspaper published the correct judicial proceedings of the case. I have checked the full article again. They have not gone beyond stating what I said to the Court in the proceedings.
BUT if the opposite lawyer argues that it is a mattr of trial for them to prove that this false information with malice (as mentioned in their petition) was given by me to the newspaper and during the trial they will show that the news was given by me to them, then what to do??
Devajyoti Barman
(Expert) 10 December 2011
You have been already advised . Now it is up to you whether to accept this or not.
Raj Kumar Makkad
(Expert) 11 December 2011
I overlooked your case under civil or criminal defamation.
In the subsequent question, I am of the firm view that your case can be covered under order 15 Rule 1 of CPC as your relative is not remotely connected with the alleged matter.
