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1961 Supreme(Ori) 49

J.K.MISRA
SADASIBA PANDA – Appellant
Versus
BANSIDHAR SAHU – Respondent


Advocates Appeared:
M.S.Rao, N.MUKHERJEE

J. K. MISRA, J.

( 1 ) THIS second appeal is against the reversing judgment of the appellate court setting aside the decree passed in the plaintiff's favour for damages at an amount of Rs. 25/ -. There was a criminal case (case No. 80/1955-56) filed by one brundaban Panda against the plaintiff before the local Adalati Panchayat. The adalati Panchayat asked the defendant to make an enquiry and report on the said case. The defendant filed his report Ext. 4 in which he stated as to what he had found out during the enquiry, and he further stated in that report that the plaintiff was a man of goonda class. The plaintiffs case was that the defendant did not at all make any such enquiry as reported by him in Ext. 4: that the complainant in criminal Case No. 80 had lodged the case falsely against him at the defendant's instance; and that the defendant's observation in Ext. 4 that the plaintiff was a man of goonda class amounted to defamation of the plaintiff. The plaintiff claimed Rs. 150/- towards damages. The defendant's plea in the written statement was that he had stated in the report what he ascertained as truth during the enquiry into the criminal complaint, and that there was no gru






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