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GUJARAT HIGH COURT
N.V. Anjaria, J
Red Chillies Entertainment Private Limited v. Mustak Ahmed Abdul Latif Sheikh
| Table of Content |
|---|
| 1. question of heir’s right to sue for defamation. (Para 1 , 2) |
| 2. argument against the survivability of the right to sue. (Para 7 , 8) |
| 3. defamation as a personal injury and its legal implications. (Para 10 , 11 , 12 , 13 , 14) |
| 4. personal actions die with the individual. (Para 16) |
| 5. court’s conclusion on the impugned order. (Para 20) |
1. A short but interesting question is involved in this petition that in case of defamation whether right to sue survives for the heirs of the plaintiff.
2. From the pleadings of the petition, the necessary facts are gathered as under :
2.1 It is the case of the plaintiff that his father viz. late Abdul Latif Abdul Wahab Sheikh has earned reputation for himself and his family. He was engaged in various businesses and he was well known in society. He also contested election for Ahmedabad Municipal Corporation in 1986. Thereafter, said Abdul Latif Abdul Wahab died. In October, 2013, the film 'Raees' was announced. The plaintiff filed Civil Suit No.782 of 2016 for defamation against petitioner - defendant praying for decree of damages of Rs.101 Crores. On 06.07.2020, the original plaintiff expired. The heirs of plaintiff filed Chamber Summons
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