Ajit Borthakur, J.

1. This long pending appeal of 2010 is directed against the judgment, dated 15th July, 2010, passed by the learned Civil Judge No. 3, Kamrup, Guwahati in Money Suit No. 102 of 2007, whereby the suit was dismissed. I have heard Mr. N.N. Karmakar, learned counsel appearing for the plaintiff/appellant and Mr. R. Sarma, learned counsel appearing for the defendant/respondent. Perused the suit record.

2. The brief facts of the case, is that, the plaintiff/appellant and the defendant/respondent are the disciples of Sri Sri Paramananda Saraswati Maharaj and they are familiar with the administrative affairs of Sri Sri Bijoykrishna Sadhan Ashram Religious and Charitable Trust. In the year 2002, the plaintiff/appellant received a script from the President of the newly constituted Trust Board of Sri Sri Bijoykrishna Sadhan Ashram Religious and Charitable Trust, whereby, the defendant/respondent brought up allegations against the plaintiff/appellant and another disciple that they have committed mischievous acts causing harm to the prestige, security and sanctity of the Ashram. An FIR, dated 15.04.2003, was lodged by the defendant/respondent at Jalukbari Police Station against the plaintiff appellant bringing an accusation against him that he committed theft of receipt books of Ashram. The defendant/respondent did not stop there and he communicated to the employer of the plaintiff/appellant i.e. the Divisional Railway Manager, N.F. Railway, Lumding, vide letter, dated 10.04.2007, imputing serious allegations and informed him that a police case against the plaintiff/appellant was under investigation. The plaintiff/appellant contended that by the aforesaid malicious complaint, he has injured greatly to his character, conduct and reputation and has brought into public scandal, hatred, ridicule and contempt which compelled the plaintiff/appellant to file the aforesaid money suit, praying for a decree of Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) with interest @ 6% per annum till payment of the amount.

3. The defendant/respondent contested the suit by filing a written statement stating, inter alia, that the plaintiff/appellant along with 02 (two) other disciples of Sri Sri Paramananda Saraswati Maharaj were debarred for 03 (three) years from taking part, directly or indirectly, in any sort of activity of Sri Sri Bijoykrishna Sadhan Ashram, vide resolution No. 8, in the Annual General Meeting, dated 6.10.2003, held at Kamakhya Dham Ashram, Guwahati. The defendant sought for dismissal of the said suit.

4. The learned trial Court upon hearing the pleadings of the parties, framed as many as, 6 (six) issues which are as follows:

"1. Whether the suit is maintainable?

2. Whether there is a cause of action for the suit?

3. Whether the suit is barred by limitation?

4. Whether the suit is bad for non joinder of necessary parties?

5. Whether the defendant/respondent, by his letter, dated 26.12.2002, 15.4.2003, 10.10.2003 and 10.04.2007 has harmed any reputation of the plaintiff?

6. Whether the defendant has caused to the plaintiff/appellant any pecuniary loss, mental pain and agony by his letter, dated 20.12.2002, 15.04.2003, 10.01.2003 and 10.04.2007?

7. Whether the plaintiff/appellant is entitled to the decree as prayed for?

8. What other relief/reliefs the parties are entitled to get?"

5. In course of trial, the plaintiff/appellant examined 03(three) witnesses including himself, on his behalf, whereas, the defendant/respondent examined himself and 01 (one) more witness on his behalf. Both the sides exhibited a number of documents in support of their respective case.

6. The learned Court below answered the issues No. 1, 2 & 3 in the positive and in favour of the plaintiff/appellant and issues No. 4 & 5 were decided against the plaintiff/appellant. The learned trial Court after meticulous examination of the letters and plaintiffs witnesses and the defendant's witnesses, has come to a definite finding that there is no scope of defamation ag