This Appeal has been filed against the Judgment and decree dated 22-7-93 passed in T.S. No. 97/91 by the learned Asstt. District Judge No. 1, Guwahati. By the impugned judgment and decree, the learned Asstt. District Judge decreed the suit for an amount of Rs. 50,00000/-.

2. The suit was filed by the respondent No. 1 who was earlier the Chief Minister of Assam claiming that he was defamed by an Article published in Illustrated Weekly of India Weekend December 8-9/90. That Article is quoted below :-

"Money and Muscle power

The leadership of Prafulla Kr. Mahanta, deposed Chief Minister of Assam, is under serious threat from an influential section of the Asom Gana Parishad, following the imposition of Presidents rule. Since 1985, Mahanta had remained not only the Chief Minister but also the President of the AGP.

The happiest person in the wake of the presidential proclamation of November 28 overthrowing the AGP government was Home Minister Bhrigu Phukan, according to reliable sources here, Phukan and Mahanta shared a troubled relationship since 1987 when serious differences cropped up between the two, Phukan is reported to have commented recently; "Prafulla has dug his own grave