S.B. SEN, J.

1. On 3.8.1952 in the issue of Indore Samachar a Hindi Daily having a large circulation in Indore, a news item under the caption "Sethaji Ka Mamala Police Ko" appeared. Purushottam Vijay is the Editor, Printer and Publisher of the said Daily.

2. The plaintiff appellant Chhogalal alleges that he was running a business of Iron and Steel in the name of Jokhiram Kanhyalal and the news item that was published under the above caption was done in order to defame him. The item was deliberately published without any good faith maliciously in order to lower him in the estimation of the public. This has resulted in injuring his status in life as well as his business. It has also given him mental shock and pain.

3. The plaintiff further alleges that he had given the said Purushottam Vijay opportunity to make amends and apologise by a wire dated 3.8.1952 but it was of no avail. Again on 30.7.1953 he had demanded Rs. 26,000 as compensation for this libel. This was also refused. Under the above circumstances the plaintiff has brought the suit for damages on account of this deliberate libel.

4. The defendant Purushottam Vijay denied the status of the plaintiff and that he has bee