S.N.SAHAI, H.P.ASTHANA
PRESIDENT, MUNICIPAL BOARD, FATEHPUR – Appellant
Versus
RAGHUBIR SAHAI KAITHWAR – Respondent
( 1 ) THE opposite party Raghubir Sahai Kaithwar, who is the Vice-President of U. P. Kori mahasabha and President of the District Depressed Class Sangh, Fatehpur, has been called upon on an application of the President, Municipal Board, Fatehpur, to show cause as to why he should not be dealt with for committing contempt of the court of the Additional Munsif, fatehpur.
( 2 ) IT appears that one Sri Devi Dayal was prosecuted under the U. P. Pure Food Act for selling adulterated ghee on the report of Sri Ram Shanker Pandey, Food Inspector, Fatehpur. That case ended in the acquittal of Devi Dayal. Thereupon Devi Dayal brought a suit for damages for malicious prosecution against Sri Ram Shanker Pandey. During the pendency of this suit a pamphlet was published by the opposite party. It is admitted by the opposite party himself that this pamphlet was distributed in the town of fatehpur on the 21st September, 1956. The suit for damages which was pending in the court of the Additional Munsif, Fetehpur was decided on the 29th September, 1956. The said pamphlet contains 14 paragraphs and is headed as follows:--
"fatehpur Municipality ke Praja Socialist Bheshdhari-Jansanghi M
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