Present: The Hon. Sir Joseph T. Hutchinson, Chief Justice,
and Mr. Justice Wood Renton.

VAN CUYLENBERG v. CAPPER et al.

D. C., Colombo, 24, 477.

Defamation-Innuendo-Words libellous per se-Pleas of justification and fair comment-Particulars in support of the pleas-Interrogatories-Question of fact decided by Judge without a jury- Function of an Appellate Court-Roman-Dutch Law of defamation-English Law-Damages-Costs.

Held, that in an action for defamation where the words are libellous per se, no innuendo need be alleged or proved; where in such a case an innuendo is alleged, but the innuendo so alleged is " bad" in law, the plaintiff is entitled to rely on the defamatory meaning of the words themselves in support of his action. But where the words are not defamatory in themselves, and the plaintiff has attached to them a particular meaning by innuendoes, and fails to substantiate such innuendoes, his suit must fail.

Ramanathan v. Ferguson and another1 referred to and commented on.

Wood Renton J.-Where in an action for libel the defendant pleads both justification and fair comment, the plea of fair comment only arises when the plea of justif