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1967 Supreme(MP) 27

SHIV DAYAL
Ramdhara – Appellant
Versus
Phulwatibai – Respondent


JUDGMENT :

( 1. ) THIS second appeal arises, from a suit for damages for defamation. The plaintiffs case was that relations between the parties were strained and a few days before the incident there was a quarrel between Ayodhya Prasad, her son, on the one hand, and Shivgovind, husband of Mst. Ramdhara (defendant 1), and Moortlal, husband of Mst. Sushila (defendant 2), on the other hand. Ayodhya Prasad. accompanied by Jagatram, went to Police Station to lodge a report about that quarrel. Jagatram is Ayodhya Prasads Mamiya Susar, (wifes maternal uncle ). Four or five days thereafter, when on the evening of the incident, the plaintiff had been to bring her cattle and buffalo, she happened to come across the first defendant on her way. On seeing her the first defendant abused her filthily saying "rand Tune Chhokara Ko Jagatram Ke Sath Report Ko Kahe Ko Bhej Di. Tu To Dari Chhinal. Tu To Jagatram Ki Lugai Hai. Usane Tere Ko Rakha Hai. " Defendant 2 also happened to be there and she associated herself with the first defendant in those abuses and defamatory imputations. The plaintiffs contention was that the imputation against her chastity was made with a view to ridicule her and lower he








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