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1972 Supreme(Raj) 201

C.M.LODHA
NEMICHAND – Appellant
Versus
KHEMRAJ – Respondent


Advocates Appeared:
M.L.Calla

Judgment


C. M. LODHA, J.

( 1 ) THIS is a defendants second appeal arising out of a suit for damages for publishing a defamatory leaflet. Since none of the respondents has appeared in spite of service. I have heard the appeal ex parte.

( 2 ) THE suit was for Rs. 2,100/- and out of the five defendants impleaded in the suit a decree for Rs. 500/- was passed only against defendant No. 5 Nemichand who is alleged to have printed the leaflet in question. Both the plaintiff and the defendant No. 5 filed appeals in the Court of the District Judge, Jodhpur who dismissed the plaintiffs appeal as having abated but upheld the decree for Rs. 500/-against defendant No. 5 who has come in Second appeal to this Court.

( 3 ) THE plaintiffs case is that on 11th June, 1961 the defendants, Nos. 1 to 4, namely. Ramdas, Laxminarain Bagji, who is now dead and is represented by his son Gutii respondent No. 4, and So-hanrai convened a meeting at Kabootron ka chok Jodhpur which was presided over by defendant No. 3 Bagii and speeches were delivered by defendants 1, 2 and 4 in which wild imputations were made against the plaintiff for molesting women, extracting money by unlawful means and remaining absent fr













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