SOUMEN SEN, J. - (1.) THE defendants have filed this application for rejection of the plaint on the ground of limitation.
(2.) THE petitioners -defendants in the petition have stated that the plaintiff had alleged in the plaint that the letter containing the defamatory statement was published on 3rd February, 2001. Accordingly, in terms of Article 75 of the limitation Act, 1963, the period of limitation for compensation for libel is one year from the date when the libel was published. The plaintiff has filed the suit on 5th April, 2002. The plaintiff in paragraph 16 of the plaint has stated that the cause of action of the suit arose as on February 03, 2001 when the defendant No.2 issued the letter by which the membership of the plaintiff from the Executive Committee was ceased without assigning any good or valid reason and is continuing day to day. The action for libel is based on the letter dated 3rd February, 2003. The defendant states that on the own showing of the plaintiff there was no other letter or communication apart from the letter dated February 03, 2001 containing alleged defamatory statement. The cause of action for alleged libel is, accordingly, complete with the issuance of the said letter and the suit for compensation for such alleged libel is to be filed within a period of one year from the date of such publication. Ms. Amrita Pandey led by Mr. Raja Basu Chowdhury submitted that in view of Article 75 of the Limitation Act the suit is expressly barred by the laws of limitation and the plaint is to be dismissed on that ground alone. The learned Counsel has relied upon the following decisions: - 1) (2013) 198 DLT 35 (Brig. B.C. Rana (Retd.) Vs. Ms. Seema Katoch and Ors.); 2) (2001) 3 CHN 767 ( Dr. vijay Pahwa Vs. Bratati Mukherjee); 3) (2012) 195 DLT 20 (Prem Peyara Vs. Kamla Sinha Alias Kamala Prem and Anr.); 4) RFA No.757 of 2010 (N.N.S. Rana Vs. Union of India and Ors.)
(3.) IT is submitted on the basis of the aforesaid decisions that it has been consistently held by different High Courts including our Court that when the statement is defamatory, the plaintiff would be required to file the suit within one year from the date of publication and is entitled to general damages if the plaintiff could establish the same at trial. The defamatory statement and/or words are actionable per se and in such a case, general damages will be presumed.;