DEBANGSU BASAK
Atul Kumar Pandey – Appellant
Versus
Kumar Avinash – Respondent
JUDGMENT
Debangsu Basak, J. - Two applications have been heard analogously as they are in the same suit. GA No. 507 of 2018 is an application at the behest of the defendant seeking dismissal of the suit. GA No. 33 of 2019 is an application of the plaintiff claiming that the defendant is guilty of perjury. The leaving was concluded on February 3, 2020. By the time the judgment was made ready the country went into lockdown due to COVID-19.
2. Learned advocate appearing for the defendant has submitted that, the cause of action of the present suit is barred by law. He has submitted that, the plaintiff in the plaint claims that, the defendant made a statement in an application seeking divorce from his wife which is allegedly defamatory. According to him even by taking the statements made in the plaint to be true and correct, the cause of action of the plaintiff is barred by law. Contents of a pleading in a judicial proceeding are protected by absolute privilege. A civil action for defamation does not lie in respect of a statement made in a pleading filed in a judicial proceeding. In support of his contentions, learned advocate appearing for the defendant has relied upon a passage from Ga
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