Narinder Batra & Anr vs Kirti Azad on 9 March, 2017

2. The suit was entertained and the defendant, besides filing the written

statement (to which replication has been filed), has filed this application

under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC). The

counsels were heard on the application on 23rd August, 2016 and 7th

September, 2016 and order reserved.

CS(OS) No.72/2016 Page 1 of 15
3. The defendant seeks rejection of the plaint on the ground that (i)

allegedly defamatory statements attributed to him are privileged and are

made by the defendant as a public representative to the authorities in the

Government seeking investigation by the authorities of various irregularities

and cannot constitute defamation; (ii) that the allegations in the plaint are

vague; (iii) that the plaintiffs have not made any averments or specific

pleading in respect of publication of the allegedly defamatory statements;

the averments in the plaint are wholly based on documents which have been

obtained by the plaintiffs under the Right to Information (RTI) Act, 2005;

and, (iv) that the plaintiffs in the plaint have loosely used the word “libel” or

“defamation”, without substantiating the same.

Source: Indian Kanoon

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