Rejection of Defamation Suit for Failure to Disclose Cause of Action – P & H HC
In a recent case Rampal Sihag v. Gurmeet Singh, the Punjab and Haryana High Court rejected a civil suit for defamation filed by the plaintiff-respondent against the defendant-petitioner. The defendant-petitioner had filed an application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint on the grounds that it did not disclose any cause of action. The court allowed the application and rejected the plaint under Order 7 Rule 11(a) and (d) on the grounds of not disclosing any cause of action and being barred by law.
The plaintiff-respondent had filed the suit seeking recovery of damages for defamation and dragging the plaintiff-respondent into false and frivolous complaints before various authorities. The defendant-petitioner argued that none of the facts constituting the cause of action, i.e., defamation, were forthcoming from the plaint. It was further averred that there were no details mentioned other than vague accusations. The plaintiff-respondent contested the application, but the Trial Court dismissed the application holding that the issue could not be gone into without affording an opportunity of leading evidence to both parties. The defendant-petitioner then filed the present revision petition under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging the Trial Court’s order.
The High Court noted that the plaint did not disclose any dates on which the cause of action was stated to have arisen, and there was not a whisper as to which derogatory/defamatory statements had allegedly been made by the defendant-petitioner. The plaint was also silent regarding the details of the authorities wherein the alleged defamatory/derogatory statements were alleged to have been made by the defendant-petitioner. Simply averring in the plaint that defamatory and derogatory statements had been made would not amount to disclosure of cause of action. The court observed that the plaint did not disclose any cause of action whatsoever and, consequently, allowed the application under Order 7 Rule 11 read with Section 151 CPC filed by the defendant-petitioner and ordered the plaint in the civil suit to be rejected.
Rampal Sihag v. Gurmeet Singh
