Delhi High Court: While deciding the plaint filed for claiming permanent injunction and damages against the aggrieved party, the Bench of Rajiv Shai Endlaw, J. ordered to dismiss the plea against the defendant because of the absence of substantive subject-matter and cause of action.
In the present case, the Court observed that in a suit of defamation, the defamatory words uttered or written are required to be pleaded and if the plaintiff has not pleaded the same, the plaintiff cannot rely on the documents. The document which was produced by the petitioner did not qualify to be defamatory rather than it was found to be complimentary statement which does not amount to defamation. Hence the Court relied upon the facts and evidence produced by the party and found nothing derogatory and defamatory against the defendant and ordered that the plaint does not disclose any cause of action against the defendants and therefore rejected the plea by the petitioner. [Ashish Bhalla v. Suresh Chawdhary, 2016 SCC OnLine Del 6329, decided on 29.11.2016]
