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2023 Supreme(P&H) 1049

ALKA SARIN
Rampal Sihag – Appellant
Versus
Gurmeet Singh – Respondent


Advocates appeared:
Mr. Arun Kumar Goyat, Advocate for the petitioner.
Mr. D.R. Punia, Advocate for the respondent.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The court emphasized that a plaint must disclose the cause of action, including specific details of the defamatory statements and the authorities where they were made (!) (!) .

  2. Statements made in affidavits before tribunals with judicial or quasi-judicial functions are considered absolutely privileged and cannot form the basis of a defamation claim (!) (!) .

  3. The plaint in the case failed to mention the specific defamatory statements, the dates they were made, or the authorities involved, which is essential for establishing a cause of action (!) (!) .

  4. The application under Order 7 Rule 11 of the Civil Procedure Code was filed for rejection of the plaint on the grounds that it did not disclose any cause of action and was barred by law due to the privilege attached to statements made in judicial proceedings (!) (!) .

  5. The court held that the absence of specific details and the failure to establish the defamatory nature of the statements warranted rejection of the plaint (!) (!) .

  6. The doctrine of judicial privilege was reaffirmed, stating that statements made during judicial or quasi-judicial proceedings are protected and cannot be grounds for a defamation suit (!) (!) .

  7. Ultimately, the court allowed the revision petition, ordered the rejection of the plaint under the relevant procedural rules, and disposed of pending applications accordingly (!) .

Please let me know if you need further analysis or assistance.


ALKA SARIN, J.

1. The present revision petition has been filed under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging the order dated 03.01.2023 passed by the Trial Court whereby the application filed by the defendant-petitioner under Order 7 Rule 11 read with Section 151 of CPC has been dismissed.

2. The brief facts relevant to the present lis are that the plaintiff-respondent filed a suit against the defendant-petitioner for recovery of damages for defaming and dragging the plaintiff-respondent into false and frivolous complaints before various authorities i.e. HRERA, Registrar Firm and Societies, Panchkula, CM Window and State Registrar of Societies etc. The defendant-petitioner filed an application under Order 7 Rule 11 of CPC for rejection of the plaint on the ground that the same did not disclose any cause of action. It was averred in the application that in the suit, there is no mention of any statements which are defamatory in nature. It has also not been mentioned in the plaint as to where and when the alleged defamatory statements are stated to have been made. It was further averred that there were no deta

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