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1925 Supreme(All) 306

DANIELS
Prem Narain – Appellant
Versus
Jagdamba Sahai – Respondent


JUDGMENT

Daniels, J. - This is an appeal in a suit for defamation brought by the plaintiff, a peshkar in the employ of the Bareilly Municipal Board, against four members of the Board. The Board had passed a resolution on the 15th of September, 1919 that the plaintiff should be removed from service. The Commissioner asked for a further report from the Board before accepting the resolution. The majority of the Board then went back on their previous opinion and recommended the reinstatement of the plaintiff. The four defendants wrote a dissentient note. The dissenting note contains the following passage which is relied on by the plaintiff as furnishing his cause of action:

who has earned a notoriety for quarrelsomeness, not only by assuming a defiant and insulting attitude before a full house towards a member of the Board (which formed the subject-matter of the case against him), but also by resorting to similar acts while in service under his former employers, but rather had been at the root of much friction lately in evidence in the Board's working.

2. The learned Subordinate Judge, Babu Govind Sarup Mathur, in an excellent judgment, dismissed the suit, and it is much to be regretted t

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