IMPORTANT POINT
The main legal point established in the judgment is the determination of defamation based on the manner of publication and its impact on the plaintiff's reputation, relying on established legal principles from relevant case law.

JUDGMENT :

SUGATO MAJUMDAR, J.

1. This is a suit for defamation.

2. The plaint case in nutshell is that the Plaintiff is an advocate practicing in Calcutta High Court since 1983. She has obtained her honours degree in law from University of Calcutta and was enrolled as an advocate in the year 1983. The Plaintiff is associated with M/s Khaitan and Co. a firm of solicitors and Advocates for long. She has been practicing in the Calcutta High Court for three decades and more. The Plaintiff is also a member of Rotary Club of Calcutta - Victoria and INTACH and is associated with their activities. The Plaintiff hailed from a Gujrati family of high reputation.

3. Defendant No. 1 is a Bengali Daily. Defendant No. 2 is the editor, printer and publisher of the Defendant No. 1. It is averred in the plaint that the Defendant No. 1 published a news item on 1st September, 2007 bearing a heading that one old father was tortured by his son who is a Barrister. This article is defamatory implicating the Plaintiff and her husband. The Plaintiff caused a letter dated 5th September, 2007 to be issued by her advocate to the Defendant No. 1 and 2 setting out the true and correct facts. In spite of issuance of said letter the Defendant caused another news item to be published in the Bengali Daily “Sangbad Pratidin” on 5th September, 2007 bearing and heading purporting to say that the old father was tortured which was being investigated by the police. According to Plaintiff the news items were caused to be published in the “Sangbad Pratidin” on 1st September, 2007 and 5th September, 2007 by those persons having some vested interests. The news items contain malicious falsehood, were published recklessly without verifying the truth of the same. But for such publication, the Plaintiff has suffered considerable distress, mental anguish, embarrassment and humiliation as well as serious injury to her character, credit and reputation; the Plaintiff is exposed to public scandal and contempt. The Plaintiff’s letter to the Defendant No. 1 was replied by the Defendant without ameliorating the predicament. Therefore, the Plaintiff is constrained to file the instant suit praying for decree of Rs. 10 Crores as damages; alternatively, enquiry to ascertain the damages suffered by the Plaintiff and decree for such damages; injunction restraining the Defendants and their agents from publishing, printing or circulating any words defamatory to the Plaintiff along with other prayers.

4. Summons were served upon the Defendants who appeared in the suit on 22.02.2008 but did not file any written statement till 2nd March, 2023, that is to say for 15 years. Accordingly, the suit was heard as undefended.

5. The Plaintiff adduced oral as well as documentary evidences.

6. The Learned Counsel for the Plaintiff argued that the news items are defamatory and published with ill-motive to vilify the Plaintiff and her husband and lower the estimation of the Plaintiff in his society. The news items are false which is evidenced by the letters written by the brother and sister of his father as well as by other persons. The Plaintiff is a reputed and highly educated lawyer with long standing practicing history in the Calcutta High Court. Such reckless statements would in all possibilities, injured the reputation of the Plaintiff. Although special damages is not prayed for, the Plaintiff is definitely entitled to general damages and injunctive relief, as prayed for.

7. Ext.A is the news item published in Bengali Daily “Sangbad Pratidin” on 01.09.2007. There is a bold headline “Father of Barrister son tormented”. The content of the news item is that a septuagenarian father is being tortured daily both physically and mentally by his only son and the son’s wife. The husband of the Plaintiff and she herself are named by the father. It is in the news item that in spite of approach to different authorities and police there was no redressal of grievance of the father and the seventy nine years old father is