RSA No.2760 of 2014

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

RSA No.2760 of 2014

Date of Decision : 21.5.2014

Harjit Kaur Sarpanch and another

.....Appellants

Vs.

Sohan Singh and others

......Respondents

...

CORAM :

HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK

...

Present :

Mr. Arvind Kashyap, Advocate for the appellants.

...

1. To be referred to the Reporter or not ?

2. Whether the judgement should be reported in Digest ?

RAMESHWAR SINGH MALIK, J

Present appeal, at the instance of defendants, is directed against the

judgment of reversal passed by the learned first appellate court, whereby first

appeal of the plaintiff was allowed, judgment and decree of the learned trial

court were set aside and suit for recovery filed by the plaintiff claiming damages

on account of defamation, was decreed.

Brief facts of the case, as recorded by the learned first appellate

court in paras 3,4 and 5 of the impugned judgment, are that the plaintiff filed the

civil suit for recovery of Rs.4.00 lacs as damages for defamation against all the

respondents with the averments that the plaintiff was permanent resident of

village Majri (Rasulra) Tehsil Khanna, District Ludhiana and had good respect

in the general public as well as in the community of teachers, as the plaintiff

had been serving as teacher since 1974 and was working as Head Master in

Sahni Greesh

2014.06.25 09:56

I attest to the accuracy and

integrity of this document

High Court, Chandigarh

RSA No.2760 of 2014

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Govt. Middle School Ajner sincerely. On 12.12.1998, all the defendants

intentionally and knowingly with ulterior motive to defame the appellant,

moved an application under their signatures to the Deputy Commissioner,

Fatehgarh Sahib, District Education Officer, Fatehgarh Sahib and Sub

Divisional Magistrate, Khamano with the allegations that the plaintiff was

molesting the peon/sweeper Amarjit Kaur after closure of the school, by

mentioning that defendant no.1 had seen the said incident. Thereafter, District

Education Officer, Fatehgarh Sahib visited the school to inquire about the

complaint dated 17.12.1998, but did not record the statement of the plaintiff.

The Deputy Commissioner, Fatehgarh Sahib also sent the application to the

police of Police Station Kheri Naud Singh for inquiry. The police conducted

inquiry from the staff of the school. The teachers stated that no such incident

was happened in the school on 12.12.1998 and the allegations made in the

application were false, baseless and had been made only to defame the plaintiff.

The police of Police Station Kheri Naud Singh sent the report bearing

No.2094/5A through SHO on 12.12.1998. The Sub Divisional Magistrate,

Khamano also deputed the Tehsildar to inquire into the matter. The Tehsildar,

after inquiry, sent his report to the Sub Divisional Magistrate, Khamano on

31.12.1998. The reputation of the plaintiff due to the said complaint, had been

lowered in the eyes of school staff, students, relatives, other teaching

community and general public. The job of the teacher is a pious job. The image

of the plaintiff had been tarnished. The plaintiff suffered loss of Rs.300000/- of

reputation and Rs.100000/- of monetary and total Rs.4,00,000/- as damages and

was entitled to recover the same from the defendants and hence was

constrained to file the suit.

The notice of the suit was issued for the service of the same upon

Sahni Greesh

2014.06.25 09:56

I attest to the accuracy and

integrity of this document

High Court, Chandigarh

RSA No.2760 of 2014

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the defendants. Defendant no.1 on receipt of summons of the suit appeared and

filed written statement by taking preliminary objections to the effect that the suit

filed by the plaintiff was not maintainable in the said form, the plaintiff had no

locus standi to file the said suit. The plaintiff had not come to the court with

clean hands, the plaintiff was