G.P.Singh
Ramakant – Appellant
Versus
Devilal – Respondent
Singh, J. - 1. This second appeal is by defendant No. 1 who is the Proprietor and Editor of a daily Hindi Newspaper 'Inquilab' printed and published from Chhindwara. In the issue of this paper of 25th February 1961, the following news was published:-
^^dkaxzsl pquko esa Hkh ?kwl[kksjh 5500 :Œ [kpZ gq,A fNanokM+k fnŒ 22 Qjojh- tkudkj lw=ksa ls irk pyk gS fd gky gh esa tks fNanokM+k ftyk dkaxzsl desVh ds v/;{k dk pquko gqvk gS] mlesa fot;h mEehnokj dh vksj ls fofHkUu e.Mys’ojksa dk oksV izkIr djus ds fy, 5500 :Œ [kpZ fd;k x;k gSA**
The plaintiff (respondent No. 1) is a member of the Indian National Congress and was elected as President of the District Congress Committee in the year 1961. His case was that the news quoted above related to him and was defamatory. He, therefore, claimed a sum of Rs.5,000 as damages for the libel. The trial Court decreed the suit for a sum of Rs. 500 and this decree has been upheld in first appeal.
2. Shri Y. S. Dharmadhikari, the learned counsel for the appellant, has raised before me the following three contentions:
(i) the news as published on its proper construction is not defamatory.
(ii) the plaintiff should have pleaded an innuendo, and
(iii) the
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