IN THE HIGH COURT OF BOMBAY
DATAR, J.
Maroti Sadashiv and others, Appellants
Versus.
Godubai Narayanrao and others, Respondents.
Appeals Nos. 139 of 1952 and 23 of 1953, D/-2-5-1958, against decision of 2nd Civil J. Class 1st at Amravati, in Civil Suit No. 6-B of 1951.
(2) So far as defendant no. 5 is concerned, the plaintiffs case was that he published a notice in the local newspaper Udaya dated 25th July 1950 on the instructions and on behalf of the first defendant. The notice which was published in the newspaper mentioned that the plaintiffs character was not good, that the plaintiff was morally defamed, that she became pregnant by illegitimate connection, that in order to cause forcible miscarriage she absconded from the village, and that she had thus brought disgrace to her family. A copy of this notice was got served by defendant no. 5 upon Bapurao who received it on 3rd August, 1950. Bapurao thereafter showed this notice to the plaintiff. The plaintiff has contended that all these statements in the notice as also those made before the Police officers were malicious and caused her immeasurable harm.
(3) It was further stated by the plaintiff that defendant no. 7 made two applications on 22nd September 1950 under the false signature of one Vinayak Balkrishna Pande to the District Superintendent of Police, Amravati. These two applications also contained defamatory words to the effect that the plaintiff caused forcible miscarriage at Dhaman-gaon, tahsil Chandur.
(4) On 22nd September 1950, Champat, defendant no. 8, made an application to the Station Officer, Nagpur Gate Police Station, Amravati, falsely signed as Vinayak Balkrishna Pande, This application also contained defamatory words and it stated that the plaintiff caused forcible miscarriage at Dhamangaon. The plaintiff states that the several applications and the statements made by the aforesaid defendants were defamatory statements made against her chastity and moral character and were therefore liable! in damages.
(5) The defendants resisted the suit. The first defendant who is the mother-in-law of the plaintiff in her written, statement denied having made any defamatory statements before the Police as alleged by the plaintiff. She also stated that she did not give a
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