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1974 Supreme(Raj) 1

KAN SINGH
Bala Ram – Appellant
Versus
Sukh Sampatlal – Respondent


Advocates Appeared:
P.C. Bhandari, for Appellant; H.C. Jain, for Respondent

KAN SINGH, J.—The second appeal before me is by a defendant and arises out of a suit for damages for libel. It raises questions involving the essential distinction between what are known as general damages and those characterised as special damages, as also about the mode of pleading special damages.

2. On 28 9-57 a notice purporting to have been issued by the defendant Sri Bala Ram Kachhawaha appeared in a Hindi News paper Lok Jeevan Published by Shri Shyamsunder Vyas defendant No. 2. The paper had two offices; one at Jodhpur and another at Jaipur but it is printed at Jaipur. Plaintiff Sardarmal was an estate agent i.e. he used to bring about the sale and purchase of immovable properties on commission basis. Sri Balaram Kachhawaha was a tenant of the plaintiffs son and was occupying a shop at Sardarpura, Jodhpur. The plaintiff considered this notice to be defamatory of himself and accordingly filed the suit for damages to the tune of Rs. 3000 both against Shri Balaram & Shri Shyamsunder in the court of Civil Judge, at Jodhpur.

3. Both the defendants filed separate written statements. Shri Balaram denied that he was the author of the notice purporting to have been published by him in







































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