Lord Alness - (1.)This is an appeal from a judgment and decree of the Supreme Court of the Island of Ceylon, dated 9 March 1936, which set aside a judgment and decree of the District Court of Avisawella dated 1 September 1934. These judgments and decrees were pronounced in an action for defamation, in which the appellant was plaintiff, and the respondent was defendant. The District Court awarded the plaintiff a sum of Rs. 10.000 as damages while the Supreme Court dismissed the plaintiff's action. The circumstances under which the present suit was brought excluding controversial matter are as follows : The plaintiff is a Bachelor of Medicine and Master of Surgery of the University of Madras, a Licentiate of the Royal College of Physicians, London and a Member of the Royal College of Surgeons, England. He was at all times material to this action employed as the Government District Medical Officer in charge of the Government Hospital at Karawanella and had been in the service of the Government of Ceylon for a period of 22 years or thereby. The defendant was at all material times a member of the Kelani Valley Planters' Association and the superintendent of the Vincit estate which is situated at Ruanwella in the Kelani Valley District.
(2.)On 26 January 1933 the defendant and his wife paid a visit to one Mr. D. S. Urquhart, the acting superintendent of the Panawatte estate which is some 16 miles from the Vincit estate, and stopped the night with him. On the afternoon of 27 January 1933 the defendant and his wife were being driven home in their car by a chauffeur, when they were involved in a serious accident. The car left the road, fell down a deep slope and overturned. The defendant and his wife were pinned underneath the car. A message was thereupon sent to Mr. Urquhart who arrived in a short time at the scene of the accident in his car. The defendant and his wife were assisted into the car and were conveyed to the Karawanella Hospital. On their way there the car stopped at the plaintiff's bungalow which is close to the hospital. The plaintiff was in his bungalow and being informed of the circumstances of the accident he directed the party in the car to proceed to the hospital. He stated that he would follow them. Beds were prepared with all speed in the hospital for the reception of the defendant and his wife. They were assisted into the building, were undressed and were put to bed. The acting matron of the hospital- Sister Cooper-was in charge of the ward to which the defendant and his wife were admitted. After certain treatment by the plaintiff who followed them to the ward he left the defendant and his wife in charge of Sister Cooper and returned to his bungalow. The defendant and his wife decided not to go home but to remain for the night in the hospital.
(3.)Next morning - 28 January - the plaintiff visited the defendant and his wife in the hospital. At that time the acting matron and a friend of the defendant, named Mr. Nicoll who had come to visit them were in the room. The plaintiff visited the defendant and his wife again in the course of the afternoon of 28 January. In so doing he was complying with a rule which required him to visit each patient in a paying ward twice a day. On the morning of 29th January, the defendant and his wife left hospital, and were driven in Mr. Nicoll's car to their home. On 1 February 1933 the defendant wrote and dispatched to the plaintiff a letter in the following terms : Vincit, 1 February 1933. The District Medical Officer, Karawanella Hospital. Dear Dr. Sabhapathi,