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1968 Supreme(Cal) 168

R.M.DATTA
REKHAB CHAND JAIN – Appellant
Versus
PARAS DAS BHARTIYA – Respondent


R. M. DATTA, J.

( 1 ) THIS is an application for revocation of leave granted under Clause 12 of the Letters Patent 1865 and for other reliefs. The suit was filed on or about 3rd January, 1968 and at that time on the ex parte prayer of the plaintiff the Court granted the leave to institute this suit.

( 2 ) THE suit is for damages for Rupees 80,000/- for libel supposed to be contained in a letter dated 3rd July, 1967, addressed by the defendant to the District Inspector or Schools.

( 3 ) BEFORE the filing of the suit the plaintiffs solicitor wrote to the defendant stating that the copy of the letter dated 3rd July, 1967, was forwarded to several persons of Jain Community in Calcutta and the letter was published in Calcutta and received wide publicity and the same was to the knowledge of the defendant. It is necessary here to set out the relevant portion of the said letter which ran as follows:--"our client's attention has been drawn to a copy of your letter dated the 3rd July, 1967, addressed to the District Inspector of Schools, Mainpuri. A copy of that letter has been forwarded to several persons of the Jain Community in Calcutta, The letter has been published in Calcutta and ha























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