2023:PHHC:058545

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CR-1506-2020 (O&M)

Date of Decision: April 25, 2023

Rattan Lal Joshi

...Petitioner

Versus

Mahesh Kumar Tiwari and others

...Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.B.S.Mittal, Advocate

for the petitioner.

Mr.P.S.Jammu, Advocate

for respondent No.1.

****

ARCHANA PURI, J.

Through the present revision petition filed under Article 227 of

Constitution of India, the petitioner has challenged the order dated

31.10.2019 (Annexure P-3) passed by learned Civil Judge (Jr. Divn.),

whereby, application filed by the petitioner-defendant No.1 under Order 7

Rule 11 CPC, has been dismissed.

For the convenience of the discussion, the parties are referred

to as plaintiff and defendants, as making appearance before the Court

below.

Plaintiff-respondent Mahesh Kumar Tiwari had filed a suit

against defendant-petitioner Rattan Lal Joshi and others, thereby, seeking

VINEET GULATI

2023.04.28 09:10

I attest to the accuracy and

authenticity of this document

Chandigarh

2023:PHHC:058545

CR-1506-2020

-2-

declaration to the effect that the plaintiff is entitled for recovery of Rs.60

lakh, on account of compensation for defamation, from the defendants and

they are legally bound to pay the same to the plaintiff, on the basis of oral

as well as documentary evidence.

It is asserted in the plaint that plaintiff knew defendant No.1,

being member of Sharma community and society and defendant No.1

facilitated the performance of marriage of son of the plaintiff with

defendant No.3-Nikhila, who is daughter of defendant No.2 and stated her

date of birth to be 31.01.1990. Furthermore, he had also asserted about

Nikhila to be graduate in commerce and further also projected defendant

No.2, to be having reputed service in bank and having own permanent

residence in front of Bhadu Petrol Pump, Gaushala Road, Abohar.

Defendants No.1 and 2 also stated that their daughter has a good ideology

maintaining the household establishment as well as family relationship

with all members and relatives. Further, it is averred that defendants No.2

to 7 and their family members started misbehaving and interfering in daily

routine work of the plaintiff and his family members. They started

extending threats to the plaintiff. Thereafter, while narrating the cruelty,

further, it has also been averred that date of birth of Nikhila had been

wrongly projected by defendant No.1 as 31.01.1990, whereas, as per

educational certificate, aadhaar card, primary certificate and FIR

No.11/2018, the date of birth is stated to be 31.01.1990, 03.04.1990,

13.01.1992 and 1996 respectively. Thus, the act done by defendant No.1,

as well as other defendants, is an act of fraud and cheating with false

statement made by defendants to cheat and humiliate the plaintiff.

VINEET GULATI

2023.04.28 09:10

I attest to the accuracy and

authenticity of this document

Chandigarh

2023:PHHC:058545

CR-1506-2020

-3-

Furthermore, it is also averred in the plaint that defendant No.2 was not

having a permanent employment in reputed bank and also not having own

residential house in front of Bhadu Petrol Pump, Gaudhala road, Abohar,

as projected by defendant No.1, on the first proposal of the marriage, put

forth before the plaintiff. This shows that false and frivolous facts were put

forth with malafide intention by defendant No.1 and made the proposal of

marriage of defendant No.3 to the plaintiff's son. Also, it has been averred

that false statement/wording for the proposal of marriage having made by

defendant No.1 as well as other defendants, has caused unnecessary

harassment and humiliation to the plaintiff and also has shattered/harmed

the personal image of the plaintiff as well as his family.

In paragraph 8 of the plaint, it is averred, as herein given:-

“8. That in this way defendant no. 1 as well as