Territorial jurisdiction for filing defamation suit

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 7 months ago.

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  • #3769

    Anonymous
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    I am residing in Mumbai. One of my opponents who does not have good relations with me, resides in Surat in Gujarat. He published a defamatory statement against me in Mumbai. Where can I file a suit for defamation damages in this case? Can I file it in Mumbai or in Surat only?

  • #3780

    In order to reply to your question, it may be advantageous to refer to Section 19 of the Civil Procedure Code, which is as under:

    19. Suits for compensation for wrongs to person or movables.— Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.

    Illustrations

    (aA, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.

    (bA, residing in Delhi, publishes in Calcutta statements defamatory of BB may sue A either in Calcutta or in Delhi.”

    In view of the above provisions, you can file a civil suit for claiming damages for defamation either at Surat (where the defendant resides) or in Mumbai (where the defamatory statement was published). You can choose either of the two places.

     

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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