Rajeshwar Singh Yadav v. Satyadeo Pathak
Civil Procedure – rejection of plaint – Order VII Rule 11 CPC – defamation suit
Case brief
What is this about?
Jharkhand High Court, Ranchi; C.M.P. No. 88 of 2024; Sanjay Kumar Dwivedi, J.; decided 20/01/2025; Article 227 Constitution of India; Order VII Rule 11 CPC; rejection of plaint; defamation suit; absolute privilege; qualified privilege; cause of action as bundle of facts; defences not examinable at demurrer stage; Civil Judge (Senior Division)-VII, Dhanbad; M.C.A. No. 319 of 2022; Original Suit No. 388 of 2018; Cr.M.P. No. 2339 of 2018; Ramisetty Venkatanna v. Nasyam Jamal Saheb (Civil Appeal No. 2717 of 2023); petition dismissed.
What did the court decide?
In an application under Order VII Rule 11 CPC, the court is precluded from going into defences raised by the defendant — including the plea that the alleged defamatory communications/statements are protected by absolute privilege; it is only the averments made in the plaint which have to be looked into.