Master Raihan Vadra vs The Sunday Guardian Through Its ...
2015 Latest Caselaw 1745 Del

28
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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      CS(OS) 529/2015

       MASTER RAIHAN VADRA                  ..... Plaintiff
                    Through: Mr. Gopal Subramanium, Senior
                             Advocate with Mr. Arjun Harkauli,
                             Mr. Abhishek Tiwari and Satyawan
                             Shekhawat, Advocates.

                            versus

       THE SUNDAY GUARDIAN
       THROUGH ITS EDITOR AND
       PUBLISHER AND OTHERS                  ..... Defendants
                     Through: Mr. Arjun Monga, Advocate with
                              Mr. Kudrat Sandhu, Advocate for
                              defendants No.1 and 2.

                            ORDER

% 27.02.215

I.A. 4026/2015 in CS(OS) 529/2015 Allowed, subject to just exceptions.

Accordingly, present application stands disposed of.

CS(OS) 529/2015 Let the plaint be registered as suit.

Issue summons in the suit to the defendants.

Mr. Arjun Monga, learned counsel accepts notice on behalf of defendants No.1 and 2. He prays for and is permitted to file a written statement within a period of four weeks.

Issue notice to unserved defendants by registered post and dasti, returnable for 28th April, 2015, before Joint Registrar.

The summons to the defendants shall indicate that a written statement to the plaint shall be positively filed within four weeks of the receipt of the summons. Liberty is given to the plaintiff to file a replication within two weeks of the receipt of the advance copy of the written statement.

The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document which is not in their power and possession, its detail and source shall be mentioned in the list of reliance which shall be also filed with the pleadings.

Admission/denial of documents shall be filed on affidavit by the parties within two weeks of the completion of the pleadings. The affidavit shall include the list of the documents of the other party. The deponents shall indicate their position with regard to the documents against the particulars of each document.

List the matter before Court on 11th May, 2015.

I.A. 4025/2015 in CS(OS) 529/2015 Present suit has been filed by the minor plaintiff through his mother under Order XXXII Rule 1 of the Code of Civil Procedure for permanent injunction and damages on the ground of defamation.

The gravamen of the plaint is that the defendants have falsely with malicious intent to defame the minor plaintiff alleged that the plaintiff's uncle may adopt the minor plaintiff with intent to finalize a succession plan in a political family.

It is the case of the plaintiff that the impugned articles have been written with the sole intent of causing embarrassment and harm to the plaintiff and his

family and further the allegation that plaintiff's uncle has been named as his guardian in the school admission form, is false, incorrect and defamatory.

Learned senior counsel for plaintiff also states that none of the defendants had attempted to verify any of the facts before publishing the offending articles. He states that minor plaintiff's right to privacy and dignity has been violated and the defendants have deliberately and intentionally put the minor child in a position of emotional, psychological and physical vulnerability. He further states that the matter raises an important constitutional issue of protection of the rights of the minors.

Learned senior counsel for plaintiff also states that defendants have published the impugned article with reckless disregard for truth and with full knowledge that their contents were false. He, however, fairly states that the defendants No.1, 3 as well as 4 have removed the offending articles from their websites and defendant No.4 has rendered an apology. Consequently, according to him, the prayer 'b' stands satisfied.

Issue notice confined to prayer 'a'.

Mr. Arjun Monga, learned counsel accepts notice on behalf of defendants No.1 and 2. He prays for and is permitted to file a reply affidavit within a period of four weeks.

Rejoinder affidavit, if any, be filed before the next date of hearing. Issue notice to unserved defendants by registered post and dasti, returnable for 28th April, 2015, before Joint Registrar.

List the matter before Court on 11th May, 2015.

MANMOHAN, J FEBRUARY 27, 2015 js