THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL REVISION PETITION NO.3831 OF 2017

ORDER

This petition is filed under Article 227 of the Constitution of India, challenging the order in I.A.No.299 of 2015 in O.S.No.159 of 2014 dated 20.07.2017 passed by the Senior Civil Judge, Shadnagar.

I.A.No.299 of 2015 was filed under Order VII Rule 11 r/w Section 151 C.P.C to reject the plaint at the threshold, on the ground that there was no cause of action to claim damages for defamation as a civil wrong, in the absence of publication of defamatory allegations contained in the notice.

The respondent filed counter denying material allegations and raised a specific contention that the petitioner has no locus standi to issue notice, making such defamatory allegations against this respondent and sending notice through his counsel by registered post would attract defamation and prayed to dismiss the petition.

The Trial Court upon hearing argument of both the counsel, dismissed I.A.No.299 of 2015 observing that such question has to be decided after trial only, but not at this stage and held that the plaint cannot be rejected.

Aggrieved by the order of the Trial Court, the present civil revision petit