DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY, LUCKNOW

“DRAFTING A PLAINT FOR CIVIL DEFAMATION”

Submitted by: Under the guidance of:

Deependra Singh Ratnoo Dr. Shakuntala Sangam

200101058 Asst. Prof (Law)

B.A.LL.B. (Hons) Dr. Ram Manohar Lohiya

National Law University,

Lucknow.
 ACKNOWLEDGEMENT
I take this opportunity to thank profusely my lecturer Assistant Professor Dr. Shakuntala Sangam
for providing me with a platform to explore the unexplored depths of the topic ‘DRAFTING A
PLAINT FOR CIVIL DEFAMATION’. Indeed, the experience has been insightful and most often,
thought provoking. A deeper understanding of such an important topic has enriched my
knowledge.

I also wish to express my gratitude to all the library staff for their patience and cooperation in
helping me find the apt research material. My thanks further extend to all the other sources of
information and of course, to my friends and seniors, without whose insightful thoughts and
relevant criticisms, the project would not have been completed.

Last but not the least, I wish to thank my parents and the God Almighty for their help and constant
support through various means. I also hope that I will be provided with similar opportunities to
work on such other interesting topics in the future.

Thanking You.
 TABLE OF CONTENTS

Contents
INTRODUCTION .................................................................................................... 4
CIVIL DEFAMATION ............................................................................................ 5
PARTICULARS OF A PLAINT.............................................................................. 7
DRAFT OF A CIVIL DEFAMATION PLAINT ..................................................... 8
REFERENCES ....................................................................................................... 11
 INTRODUCTION
The person filing a plaint is called the “plaintiff and the person against whom the plaint is filed is
called the “defendant'. There are certain regulations set by the ‘Limitation Act,1963' for filing of
plaints. For instance, there is a time limit within which the plant should be filed, and it differs for
different courts. The Plaint, as per the Act, should be filed within 90 days in High court and within
30 days from the date of the crime that is being appealed against. It is also important to remember
that it has to be filed within a certain time limit of the occurrence of the act in question as prescribed
by the Limitation Act. A plaint filed after an unreasonable delay will not be entertained in the court
of law. It should also contain verification from the complainant with an assurance that all facts
stated in the plaint are correct and true to his knowledge.

As the plaint procedure is simple, and if you have enough proof in hand, you can file them with
the help of an expert in no time. But Vakalatnama is a document submitted by the complainant
authorizing an advocate to argue the case on his behalf. Although an individual can file their
Vakalatnama, the terms used are highly technical for a layman to understand, and respond in case
of queries. Hence, a vakalatnama is a document that gives the advocate (who is appearing on your
behalf) the authorization to fight for justice, and handle all court procedures on your behalf. The
terms and conditions, mentioned in the Vakalatnama include:

1. The advocate will not be held responsible for any decisions taken by him/her during the course
of an investigation, in the best interests of the clients.

2. The advocate will be paid the requisite fees as well as the fees for the court proceedings.
3. The advocate can be disengaged at any time during the proceedings, if the client wishes, and so
on.

The vakalatnama is affixed with the plaint and submitted to the court by the advocate authorized
to represent the case. Although no fees are paid for submission, some courts demand a stamp
‘Advocate Welfare Stamp' to be pasted on it.
 CIVIL DEFAMATION
MEANING

Defamation refers to the act of publication of defamatory content that lowers the reputation of an
individual or an entity when observed through the perspective of an ordinary man. Hence, it is an
injury to the reputation of a person i.e. harm made to the goodwill or character of an individual.

Under English law, it is of two types libel & slander. Libel is a representation made in a permanent
form which means it must be published whether through writing, printing, picture, statue etc.
Whereas slander is a representation made in oral or transit form for e.g. by spoken words or
gestures. In English law, libel is a crime and tort both whereas slander is only a civil wrong.'

DEFAMATION UNDER INDIAN JURISPRUDENCE

In India, there is no such distinction of the statement made whether orally (slander) or in permanent
form (libel). Both are an offence as civil wrong under the law of torts and crime under Section
4991 of Indian Penal Code, 1860 & its punishment is extended up to simple imprisonment of one
year or fine of one thousand rupees or both under the code.

However, it is the choice of the plaintiff whether he wants to file a civil suit for compensatory
remedy or a criminal suit for punishment.

ESSENTIALS OF DEFAMATION

There are basically 3 essentials of Defamation in India, they are as follows:

1. The statement must be defamatory2: It means, the statement must result in lowering the
reputation or moral character of a person in the eyes of society or any other person. For instance,
in P. Choudhary v. Manjulata3, a local newspaper published a statement regarding desertion of a
girl (Manjulata) who is 17 years old with a boy named Kamlesh after attending night classes. The
statement was untrue and without any justification.

Such publication also affected the reputation of her family as well as her marriage prospects so the
defendants were held liable for the same. Sometimes, a statement or representation made is not

1
The Indian Penal Code 1860, Section 499
2
Ratanlal and Dhirajlal, The Law of Torts (28th edn, LexisNexis 2021)
3
P Choudhary v Manjulata AIR 1997 Raj 170
defamatory & person making the statement believes himself to be innocent but due to some
secondary or latent meaning statement results to defamation.

For example, in a case of Cassidy v. Daily Mirror Newspapers Ltd4, the court held that obvious
innocence of the defendants was no defence.

2. The statement must refer to the plaintiff5: If the statement made by the plaintiff is in good faith
or he doesn't intend to defame the plaintiff then he shall be held liable if it refers & injures the
reputation of the plaintiff. In Hulton & Co. v Jones6, a fictional article was published in a
newspaper in which imputations were cast on the character of a fictitious person named Artemus
Jones. A person with the same name filed a suit as his friends and relatives believe that the article
referred to him. The defendants were held liable even the publication was made without any
intention to defame.

3. The statement must be published7: It means that the defamatory matter must come into the
knowledge of the person other than the person defamed. If a letter containing defamatory statement
sent to the plaintiff and no others person read it then there is no defamation. There must be
communication to some third person to prove defamation.

In Mahendra Ram v. Harnandan Prasad8, the defendant wrote a defamatory letter in Urdu which
is not known to the plaintiff. The letter was read over to him by a third person. It was held by the
court that the defendant was not held liable unless it was proved that at the time of writing the
letter defendant knows about the fact that plaintiff was unable to understand Urdu script and it
would necessitate reading of the letter by a third person.

4
Cassidy v Daily Mirror Newspapers Ltd (1929) 2 KB 331
5
Ratanlal and Dhirajlal, The Law of Torts (28th edn, LexisNexis 2021)
6
Hulton & Co v Jones (1910) AC 20
7
Ratanlal and Dhirajlal, The Law of Torts (28th edn, LexisNexis 2021)
8
Mahendra Ram v Harnandan Prasad AIR 1958 Pat 445
 PARTICULARS OF A PLAINT
Order VII, Rule 19 of the Code of Civil Procedure, 1908 directs that the plaint shall contain the
following particulars:

(a) the name of the court in which the Suit is brought;

(b) the name, description and place of residence of the plaintiff;

(c) the name, description and place of residence of the defendant, so far as they can be ascertained;

(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that
affect;

(e) the facts constituting the cause of action and when it arose;

(f) the facts showing that the court has jurisdiction;

(g) the relief which the plaintiff claims;

(h) where the plaintiff has allowed a set off or relinquished a portion of his claim the amount so
allowed or relinquished; and

(i) a statement of the value of the subject matter of the suit for the purposes of jurisdiction and of
court fees, so far as the case admits.

9
The Code of Civil Procedure 1908, Order VII Rule 1
 DRAFT OF A CIVIL DEFAMATION PLAINT

IN THE COURT OF CIVIL JUDGE FIRST CLASS, LUCKNOW

CIVIL SUIT NO. OF 2023

(SUIT UNDER ORDER VII RULE I OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

Raju Singh

S/o Ajay Singh

Aged 30 years;

Resident of 188, Civil Lines, Lucknow, Uttar Pradesh............................................... PLAINTIFF

VERSUS

Arun Singh

S/o Pawan Singh

Aged 50 years

Resident of 150, Civil Lines, Lucknow, Uttar Pradesh.......................................... DEFENDANT

SUIT FOR COMPENSATION OF RS. 40,000 (Forty thousand only) FOR DEFAMATION
UNDER ORDER VII RULE I R/W SECTION 19 OF THE CODE OF CIVIL
PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That Plaintiff is a milk man and sells milk in many colonies of Lucknow including Civil Lines,
AB Nagar etc. That the plaintiff as law-abiding citizen and command great respect among the
locality and in the eyes of customers as well as in society.
2. That the Respondent is the president of an informal resident association of Civil Lines.

3. That the respondent publicly accused the plaintiff of selling milk mixed with water. A tape
record of the respondent making the accusation is attached with this petition.

4. That the said speech made by the respondent was heard by hundreds of residents of Civil Lines,
where the plaintiff sells milk.

5. That the said speech has caused the plaintiff a lot of embarrassment and loss of business. The
defamatory statement by the defendant was having a tendency injure the reputation of the plaintiff
i.e., to lower him in the estimation of others and to bring him in obliquity contempt and ridicule
and also injured his profession.

6. That the plaintiff denies that he sells watered milk and claims that the statement made by the
respondent was completely baseless.

7. That the plaintiff claims general and special damages on account of mental torture, agony,
financial loss and injury inflicted to his reputation, honour as well the detail of the same are
mentioned as under:

General Damages

1. Injury loss to reputation as a person = Rs. 30,000/-

2. Mental torture and physical agony = Rs. 10,000/-

8. That the cause of action firstly accrued on the day when frivolous, baseless and concocted
accusation of plaintiff selling watered milk was made and finally on the refusal of the defendant
to pay the above said amount as damages and is still continuing.

9. That the parties are residents of Lucknow and the meeting where the defamatory statement was
made by the respondent happened in Lucknow, hence this Honourable Court has the jurisdiction
to entertain the matter in hand.

PRAYER:

It is therefore most respectfully prayed that this Hon’ble Court may be pleased to :-
(a) Pass a decree for the respondent to pay sum of Rs 40,000 on account of the loss of business
because of his baseless and false speech.

(b) That the respondent be ordered to pay compensation for mental harassment and cost of this
litigation.

Place: Indore

Date: February 24th, 2023 (Signature of Plaintiff)

(Signature of Advocate)

Verification

The present complainant, do hereby solemnly verify that the contents of this complaint in paras 1
to 9 are true and correct to the best of my knowledge and belief, and so I have signed and affirmed
hereunder at Lucknow on this 24th Day of February 2023.

(Signature of Plaintiff)
 REFERENCES
STATUTES
The Indian Penal Code, 1860.

The Code of Civil Procedure, 1908.

BOOKS

Ratanlal and Dhirajlal, The Law of Torts (28th edn, LexisNexis 2021)

Agarwal JP, Pleadings in India Vol. I: Principles and Precedents (3rd edn, Delhi Law House 2013)

Chaturvedi RN, Pleadings, Drafting and Conveyancing (5th edn, Central Law Publication 2018)