P.K.Jain Thru Attorney Rajesh ... vs Jyoti Jain
2010 Latest Caselaw 2898 Del

     *           IN THE HIGH COURT OF DELHI AT NEW DELHI


                                                                        Date of Order: June 02, 2010
+ CM(M) 590/2008
%                                                                                      02.06.2010
      P.K. Jain through Attorney Rajesh Jain                                  ...Petitioner
      Through: Ms. Francesca Kapur, Advocate

         Versus

         Jyoti Jain                                            ...Respondent

Through: Mr. Rajeev Duggal and Mr. Rakesh Malhotra, Advocates

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

ORAL

CM 10365 and 10366 of 2010 (exemption)

1. Allowed subject to all just exceptions.

CM 10364/2010

1. This application under Section 151 CPC has been made by the applicant/

respondent with a prayer that the Court should delete from its order dated 19th

September 2008 paragraph 39 to 42 of an affidavit reproduced by the Court in paragraph

3 of the order. This prayer is made on the ground that the paragraphs reproduced from

affidavit of Mr. Rajender Sirkae contained defamatory averments vis-à-vis the applicant

and since they have been reproduced in the judgment of this Court, the judgment was

being used by the non applicant/petitioner to defame the applicant.

2. I find no reason to entertain this application. It is clear from the order that the

paragraphs of the affidavit were reproduced to show that the affidavit was not relevant

for adjudicating issues before the trial court and the trial court had rightly not taken the

CM(M) 590/2008 PK Jain through Attorney Rajesh Jain vs. Jyoti Jain Page 1 Of 2 affidavit on record. This Court was not supposed to consider the truthfulness of the

allegations nor this Court considered the same. Mere reproduction of the paragraphs of

the affidavit does not make the contents of affidavit as truthful. However, the applicant

would be at liberty to proceed against the person making the affidavit, if so advised, if the

applicant considered the contents of the affidavit were defamatory in nature.

3. I find no force in this application. The application is hereby dismissed.

May 31, 2010                                                           SHIV NARAYAN DHINGRA J.
rd




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