‘A’ residing in Delhi, publishes a defamatory statement about ‘B’ in Kolkata ‘B’ is resident of Patna. Determine the forum for the institution of the suit, in this case

Question: ‘A’ residing in Delhi, publishes a defamatory statement about ‘B’ in Kolkata ‘B’ is resident of Patna. Determine the forum for the institution of the suit, in this case, giving relevant provisions of the Code of Civil Procedure. [UPHJS 1987, B.J. 1991, HR J. 1995-1, HP J. 2004, WB, J. 1993 J.K. J. 2008, UPHJS 2001, Raj J. 1986]

Find the answer to the mains question only on Legal Bites. [‘A’ residing in Delhi, publishes a defamatory statement about ‘B’ in Kolkata ‘B’ is resident of Patna. Determine the forum for the institution of the suit, in this case]

Answer

Section 19 of Code of Civil Procedure, 1908 states that “where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.”

This problem is based on section 19. The relevant provision of Section 19 on which this problem is based, provides that in case of wrong done to person or movable property, the suit may be instituted for compensation either in the court within the local limits of whose jurisdiction, the wrong to the person or property was done, or in the court within whose local jurisdiction defendant resides/carries on business/personally works for gain.

In the instant problem the wrong of defamation was done to person ‘B’. Thus, according to the provisions made in Section 19, ‘B’ may institute a suit for compensation against ‘A’ either in the court of Delhi where ‘A’ resides or in the court of Kolkata where the wrong was committed i.e. defamatory statement by ‘A’ against ‘B’ was published.

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