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1985 Supreme(Ker) 145

U.L.BHAT
DANIEL – Appellant
Versus
HYMAVATHY AMMA – Respondent


Judgment :-

1. Appellant herein filed the suit for damages on account of certain defamatory questions put and statements made in the course of trial in a prior suit by or at the instance of the respondent herein. The trial court dismissed the suit and the dismissal has been confirmed in appeal. Hence this second appeal.

2. Appellant herein filed O. S.254/1978 in the Munsiff's Court, Kayamkulm claiming decree for certain sums of money alleged to have been borrowed from him by the respondent. Appellant then was working as clerk of an advocate practising in the Haripad Munsiff's Court. Respondent was earlier working as Examiner in that court though subsequently transferred to Sub Court, Alleppey. Allegation in the suit was that the respondent was taking loans from him and also used to get goods and articles purchased through him with his money on undertaking to repay the amount to him

when she gets her monthly salary. She did not return the money but assured him that the money would be repaid next month. Even though there was no such repayment, appellant went on advancing loans and purchasing articles for her. Respondent put off making repayment and ultimately the suit was filed. A sum




















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