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2024 Supreme(Cal) 1068

HARISH TANDON, PARTHA SARATHI SEN
X Corp. – Appellant
Versus
Naresh Kumar Agarwal HUF – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Soumabho Ghose, Nikunj Berlia, Varun Kothari, Mosarat Reyaz, Urvashi Jain, Sounak Banerjee.
For the Respondents: Ankit Agarwal, Nilay Sengupta, Sujit Banerjee.

JUDGMENT :

HARISH TANDON, J.

1. It raises an interesting point in the instant appeal touching upon the provision contained under Section 94 (c) of the Code of Civil Procedure with regard to its scope, applicability and exercises of the jurisdiction by the Civil Court vis-a-vis the adherence of the provisions contained under Order 39 Rule 1 and 2 of the Code of Civil Procedure. The facts may not be adumbrated in details as we feel that summarization of the incidents occurred in course of the proceedings may be apposite and sufficient to address the aforesaid point.

2. A suit for defamation was initially filed against the defendant nos. 1 and 4 founded upon a posting of defamatory words and/or statements resultantly affecting the reputation and the position held by the plaintiffs/respondents in the society. The allegation pertains to an unfortunate death of a girl who fell from a 3rd floor of the house and succumbed to the injury. Several posts were uploaded on the various electronic social platforms, the opinion which led to such unfortunate incident and the words used taking aid of such platform was perceived by the plaintiff defamatory in nature having impact on the reputation and st

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