Legal Question in Civil Litigation in India

If a plaintiff avers false and derogatory remarks against a defendant in his plaint, does it gives a cause of action to file suit for damages in respect of defamation


Asked on 2/06/10, 9:27 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Better to avoid litigation; the results are uncertain but it will costly and time consuming.

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Answered on 2/06/10, 6:10 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

no, the averments made in the plaint or written statement, cannot be a ground of filing a suit for defamation as it is a privileged communication.

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Answered on 2/07/10, 8:56 am
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

Mere averments made thro' "pleadings generally", cannot be setforth for act of defamation in the court of law proceedings; any matters can be alleged thro' counsels at their liberties, Ok ?

Thank You,

Kind Regards. Sanjay K. Dixit, Advocate,

Davangere - 577 002.

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Answered on 2/08/10, 6:10 am


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