( 1 ). This order shall govern the disposal of IA. No. 3298/95, under Order 7 Rule 11 Code of Civil Procedure, filed by the defendant No. 2 seeking rejection of the plaint under Order 7 rule 11 (d) Code of Civil Procedure on the ground that suit is not maintainable.

( 2 ). Briefly stated, the facts leading to this application are that the plaintiffs above named filed this suit for Rs. 10 Lacs as damages for defamation. Plaintiff no. 1 is a society registered under the Cooperative Societies Act, plaintiff No. 2 is the President, plaintiff No. 3 is the Vice-President, plaintiff No. 4 is Honorary secretary and the plaintiff No. 5 is the Treasurer of the plaintiff No. 1 society. The society was formed for settling the refugees who had migrated to India on partition of the country. The land was acquired in the name of the society, plots were carved out and allotted to the members of the society. The defendants were also members of the plaintiffs society. It is alleged that because of some acts of omissions and commissions on the part of the defendants, they were suspended from the membership of the society in accordance with Bylaws after following prescribed procedure and also observing the principles of natural justice. Thereupon, the defendants started defaming the plaintiffs by publication of defamatory remarks. It is pleaded that plaintiff Nos. 2 to 5 were duly elected in the last election which was held on 26/04/1992. Some members who had contested the elections and were not declared elected, became inimical to the plaintiffs and such members along with the defendants filed false/frivolous cases against the plaintiff no. 1 society impleading plaintiff Nos. 2 to 5 as the defendants. Particulars of the petitions which were filed by the defendants are give as under :-

1. JR/11/9/hb/92-93/556 entitled Kishori Lal Kishwar v. Refugee cooperative Housing Society Ltd. under Section 60 of the Delhi cooperative Societies Act. 2. Petition No. 21 entitled as Kishori Lal Kishwar v. Refugee Cooperative housing Society Ltd. under Section 32 of the Delhi Cooperative societies Act. 3. Petition No. 22 entitled as Kishori Lal Kishwar v. Refugee Cooperative housing Society Ltd. under Section 32 of the Delhi Cooperative societies Act. 4. Transfer petition filed before Sh. S. R. Sharma, Financial Commissioner delhi, seeking transfer of the above petition from the Court of the registrar Cooperative Societies Delhi to some other Court.

( 3 ). It is alleged that in all these petitions the defendants have made false, baseless and wild allegations against the plaintiff No. 1 as well as against the plaintiff nos. 2 to 5 which has caused mental pain; agony to the plaintiffs and have defamed/lowered their prestige and reputation in the eyes of the members of the society. In para 9 of the plaint one more instance of such publication of lible is given. It is alleged that in one case bearing Arbitration Case No. 9/92 pending before the Joint Registrar, Cooperative Societies, Delhi, the defendants had made the following defamatory allegations against the plaintiffs :-

"in para II it is pointed out that members of the Managing Committee have made an invidious and clandestine and mischievous attempt to get the sanction of huge amounts in order that members of the Managing committee promote selfish interests of their proteges and darlings and carve out an area of corruption to cater to their unholy loot OF OUR funds at the expense of the Society. . . . "

( 4 ). Besides, the defendants are alleged to have made same defamatory statements in various communications, the details of which are as under:

(I ). Defendant No. 2 in his communication dated 12. 12. 1992 has averred; "the debris confirms the dishonest intentions and perfidious motives and also proves conclusively that respondents have joined hands in the co-operative loot of funds of the Society". A copy of the said letter issued by defendant No. 2 is filed herewith as Annexure c . (ii ). In his co