District North 24 Parganas

In the Court of Ld. 1st Civil Judge (Sr. Divn) at Barasat

T.S. /2022

BIBASWAN MUKHERJEE S/O Late

Buddhadeb Mukherjee residing at

479, Kalikapur (E), Barasat Taki

Road (N), District North 24

Parganas, P.O. and P.S. Barasat,

District North 24 Parganas, Kolkata

– 700124.

…Plaintiff

VERSUS

RUMA BHADRA PAUL D/O Late

Ajoy Kumar Bhadra, residing at

Radha Krishna Complex Radha

Krishna Complex, Block – B 3rd

Floor, Flat no. 5, Guha Para, Gupta

Colony, P.O. Nabapally, P.S.

Barasat, District north 24 Parganas,

Kolkata – 700126

…Defendant
 Suit for Defamation valued at Rs.

5,00,000/- (Rupees five Lakh) only

Most Respectfully Sheweth,

1. That the plaintiff is a bona fide Citizen of India permanently

residing at the above mentioned address and is a practicing

Advocate having his office at Block – C, Room No. 3, District Bar

Association, Barasat, Opposite of District Judges’ and Sessions

Court at Barasat, Kolkata – 700124 which is within the

jurisdiction of this Ld. Court and the Defendant also resides in the

above mentioned addres within the jurisdiction of Barasat Police

Station which is also within the jurisdiction of this Ld. Court.

2. That the plaintiff representing my client Aparna Pati W/O Prabir

Pati and Prabir Pati S/O Late Jatindra Nath Pati both are Residing

at Radha Krishna Complex, Block – B 3 rd Floor, Flat no. 4, Guha

Para, Gupta Colony, P.O. Nabapally, P.S. Barasat, District north

24 Parganas, Kolkata – 700126 have filed a suit against the

present defendant before the Ld. 1st Civil Judge (Jr. Divn.) at

Barasat being Title suit no. 295 of 2021 and against the order no.

10 dated 24.11.2021 in connection with the said suit your plaintiff

being the Advocate representing the above mentioned client have

filed a Misc. Appeal before the Ld. District Judge at Barasat which

is transferred to the Ld. 2 nd Civil Judge (Sr. Divn.) at Barasat

registered as Misc. Appeal no. 1 of 2021 and along with the filing of

Memorandum of Appeal your plaintiff being the Advocate

 representing the above mentioned client have filed an application

for staying the above mentioned impugned order passed by Ld. 1 st

Civil Judge (Jr. Divn.) at Barasat and on 23.12.2021 Ld. 2 nd Civil

Judge (Sr. Divn.) at Barasat have passed an ad interim order to

stay the operation of order no. 10 dated 24.11.2021 in connection

with Title suit no. 295 of 2021 passed by Ld. 1st Civil Judge (Jr.

Divn.) at Barasat which your plaintiff represent his above

mentioned client have communicated to your defendant on

24.12.2021 your plaintiff through his letter head, as your

defendant are one of the Respondents of the said Misc Appeal.

3. That on grudge of the above mentioned action taken on the part of

the plaintiff, your defendant on 29.12.2021 had posted filthy

comments in one of the public facebook posted by the plaintiff

having its hyperlink as,-

https://www.facebook.com/bibaswanm/posts/

4755859417781246?

comment_id=4928284910538695&notif_id=1640795752006829&n

otif_t=feed_comment&ref=notif

the comments as posted publicly to that link

are, “Sob public k nirakhar o boka vabben na.

Sudhumatro nijer client dereee ullu vabte

shikhun.” And “Apnar client er 2to baba bole

ki apni amr baba r nam palte diyechhen.

Parle aktu lekha pora kore chithi fiti likhun ba okaloti ta korun.
Akhono onek kichhu sekha baki achhe.” And the display picture of

the defendant herein is posted as, and hyperlink of the profile of

the plaintiff in facebook is as follows:-

https://www.facebook.com/ruma.bhadra.35?

comment_id=Y29tbWVudDo0NzU1ODU5NDE3NzgxMjQ2XzQ5Mjgy

ODQ5MTA1Mzg2OTU%3D

and by seeing the display picture, the plaintiff have every reason to

believe that the person who have made the above mentioned

comment in a public platform is no one but the defendant herein.

And the screenshot of the post in the facebook along with the said

comments are also given below:-

 It is quite unfortunate to see someone’s behaviour towards a
human being and the said comments are being made to malign the
image and picture of the plaintiff and his above mentioned client
and which is defamatory as the place in which the said comments
are being made is a public platform and has an easy and free
access to all the public in the society who are in my friend list and
who are not.

4. That after seeing the above mentioned comments of the defendant

the plaintiff on 30.12.2021 have served a legal notice upon the
defendant herein mentioned in details the abovementioned
statements asking for the below mentioned questions to the
defendant:-

a. Is the display picture as given by me hereinabove is your

picture?
b. Is the comment is made by you?
c. If the above mentioned comment is made by you, then,
i. Which letter have you referred in the said comment?
What is the date of the said letter?
ii. What is the name of your father?
iii. Do you have LL.B. degree from recognised university?
iv. What is the unprofessional attitude you have found in
my advocacy?
v. In the part of the comment “Apnar client er 2to
baba…” which of my client have you referred? Please
state the name of the client you have referred.

5. That seeking for the answer of the above questions your plaintiff
have also stated in the said legal notice that,-

“If the above mentioned questions are not clarified within 7 days
from the receiving of this letter then it would be deemed that the
above mentioned comments are made by you and you have posted
the above mentioned comments with a view to malign my image in
the public platform. And the client which you have referred in the
 above mentioned comment “Apnar client er 2to baba…” is no one
but my client in connection with the above mentioned case, Prabir
Pati, because I have many reasons along with evidence to believe
that you can make such comments on me and my client, Prabir
Pati or Aparna Pati. And it would also be deemed that letter which
you have referred in your comment “Parle aktu lekha pora kore
chithi fiti likhun ba okaloti ta korun…” is the letter dated
24.12.2021 in connection with Misc. Appeal 1 of 2021 pending
before the Ld. 2nd Civil Judge (Sr. Divn.) at Barasat.

And for the above mentioned charges I shall have no other

alternative but to take legal recourse against you.”

6. That despite of due service of the above mentioned notice on

31.12.2021 your defendant have not replied the said legal notice
till this date moreover after receiving the said legal notice
defendant had further commented on the above mentioned post
that, “my father was a A grade gazetted officer. So don’t try to
deframe mu father’s name I will take steps against you with a
handful proofs.”

7. That the nature of the defendant is very much clearly explained in

the plaint of T.S. 295 of 2021 which is filed with this suit as
annexure for the kind perusal of your honour.

8. That the defendant has made scathing and defamatory remarks

with a view to malign and degrade the reputation of the plaintiff as
well as to prejudice to a fair and reasonable trial and to interfere
with the administration of justice. The remarks made by the
defendant in the aforesaid post are derogatory and intended to
lower the image of the plaintiff in the eyes of the public. Overall the
said posts and comments read together seriously disparage and
denigrate the reputation of the Plaintiff Company and lower the
esteem of the Plaintiff Company in the eyes of the public, thus
without having any other alternative the plaintiff have filed the
instant suit claiming for damages for defamation valued at Rs.
 5,00,000/- and praying for injunction restraining the defendant
from making any defamatory post to malign the prestige and
dignity of the plaintiff till the disposal of the suit permanent after
trial in the same manner.

9. That the first cause of action was arose on 12 th November, 2021

when the Plaintiff have made a post having the hyperlink as
follows:-

https://www.facebook.com/bibaswanm/posts/
4755859417781246?
comment_id=4928284910538695&notif_id=1640795752006829&n
otif_t=feed_comment&ref=notif

thereafter the next cause of action was arose on 29.12.2021 when

you defendant have made comments as posted publicly to that link
are, “Sob public k nirakhar o boka vabben na. Sudhumatro nijer
client dereee ullu vabte shikhun.” And “Apnar client er 2to baba
bole ki apni amr baba r nam palte diyechhen. Parle aktu lekha
pora kore chithi fiti likhun ba okaloti ta korun. Akhono onek
kichhu sekha baki achhe.” Followed by the next cause of action
when the defendant have served a legal notice upon the present
defendant on 30.12.2021 which is filed herewith as annexure
asking for the reply of the said legal notice within seven days from
the date of receiving the said legal notice and despite of receiving
the said notice on 31.12.2021 the defendant compelled to arise the
next cause of action on 07.02.2022 when she has not replied the
said legal notice dated 30.12.2021 within the jurisdiction of
Barasat Police station which is within the jurisdiction of this Ld.
Court.

10. That the instant suit for Damages for declaration is valued Rs.
5,00,000 and the court fee has been paid accordingly.