TARLOK SINGH CHAUHAN
Publisher and Editor of Divya Himachal – Appellant
Versus
Parkash Chand – Respondent
TARLOK SINGH CHAUHAN, J.
1. Since common questions of law and facts are involved in both – regular first appeal and cross-objections – therefore, the same were taken together for hearing and the same are being disposed of by a common judgment.
2. The appellants/defendants No. 1 and 2 happen to be publisher and editor of Divya Himachal Newspaper, against whom a decree towards damages of Rs. 10,000/- has been fastened for publishing defamatory news against the respondent/plaintiff.
The parties shall be referred to as the plaintiff and defendants.
3. The plaintiff is a barber having his shop under the name and style of M/s Today Hair Dressers, The Mall, Solan. Defendant No.5, Sanjay Azad, has a news agency under the name and style of M/s Azad News Agency at Chail, Tehsil Kandaghat, District Solan and also happens to be the correspondent of Divya Himachal Newspaper and ‘Nirala’ daily and weekly newspaper.
4. According to the plaintiff, the Barber’s Union at Solan had fixed the rates of hair cutting, shaving etc. and its rate list was duly signed by the President of the Union and displayed in the shop. It was averred that on 11.8.1999, defendants No. 1 and 2 i.e. the appellants her
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