3*GLIMPSE OF A LATEST VERDICT* *C.R.P. (PD) 2073/2020* Anand Vikatan Publishers Ltd. Vs. R. Boomi Dated: 03.06.2021 *Hon’ble Justice C.V. Karthikeyan* allowed the Civil Revision Petition and Ordered the 2nd Additional District Court, Vellore to strike off the Original Suit as not maintainable in the matter relating to *“Compensation
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3*GLIMPSE OF A LATEST VERDICT*
*C.R.P. (PD) 2073/2020*
Anand Vikatan Publishers Ltd. Vs. R. Boomi
Dated: 03.06.2021
*Hon’ble Justice C.V. Karthikeyan* allowed the Civil Revision Petition and Ordered the 2nd Additional District Court, Vellore to strike off the Original Suit as not maintainable in the matter relating to *“Compensation for defamation of a deceased person”* and further held the following:
i) Section 306 of the Indian Succession Act, 1925 clearly stipulates that a claim for compensation for defamation is not maintainable in respect of defamation of a deceased person.
ii) In the notice issued prior to institution of the suit, the plaintiff had claimed that the article was defamatory to herself and her family. However, in the body of the plaint, the plaintiff had only stated that the article was defamatory to the reputation of her late husband. It is the plaint and relief sought in the plaint that can be considered. The notice alone cannot be used to circumvent Section 306. Therefore, a suit for damages complaining defamation to the reputation of a deceased person is not maintainable.
iii) In Melepurath Sankunni Ezhuthassan Vs. Thekittil Geopalankutty Nair [1986 (1) SCC 118], it was held that Section 306 read along with Rules 1 and 11 of Order XXII of the Code of Civil Procedure, 1908, clearly stipulate that a cause of action for defamation does not survive the death of the appellant.
iv) Since in the notice issued by the plaintiff, claimed loss of reputation to herself also, striking off the Original Suit will not be a bar to the plaintiff seeking damages on that account, by instituting a fresh suit.
