mrgop (Owner) 22 February 2010
In a civil case filed by 'A' against 'B', 'A' stated in petition that 'A' came to know from one of the relatives of 'B' that 'B' was suffering from mental problems.
So, Can the 'B' file a defamation case agianst 'A'?
If so, can 'A' simple escape by putting the blame on the relative of 'B'?
If 'A' don't have any evidence of either 'B' had mental problems or the relative of 'B' told 'A' that 'B' had such problems, who will be convicted?
Suchitra. S (Advocate) 22 February 2010
Sir, here 'B' can file a case of defamation against the relative and not against 'A'. It is quite simple to understand that "A' will put all the burden on that relative who told 'A' that 'B' is mentally disturbed person. So, if 'B' files a case of defamation on the relative, if it is proved, the relative will be punished. In no case, 'B' can file a case against 'A'.
mrgop (Owner) 22 February 2010
Hi Suchitra, Its 'A' who filed civil suit against 'B' in which he claims that a relative of 'B' told him that 'B' had mental problems. Its that petition based on which 'B' is going to file defamation suit. So, here nothing in the hands of 'B' against his relative. In this case what 'A' said may be truth or not. So, how can 'B' file defamation case aginst his relative considering that there was no communication betweek them? Would it be better to file defamation against 'A' as the petition in civil suit as evidence? Then, would it be the burden of 'A' to prove the role of 'B's relative?
Suchitra. S (Advocate) 22 February 2010
No. I dont think 'B' can file a suit of defamation on 'A'. Defamation is done by Bs relative and not by "A'.
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