- (1.) Present Regular Second Appeal is directed against the concurrent findings of both the Courts below, whereby suit filed by Ram Rattan Phor for compensation and damages was decreed by the Court of first Instance vide judgment and decree dated 10.1.2011. The first appeal filed by the present appellants was also dismissed by learned Additional District Judge, Panipat vide judgment and decree dated 14.1.2013.
(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.
(3.) Relevant facts of the case for the purpose of decision of this appeal; that the plaintiff is practicing as an Advocate in District Courts, Panipat since 1997 with good social background. Defendant No.1 and his persons got registered a Samiti in the name of Shiv Sabha and defendant No.1 was the President of said Samiti. An application was moved before the Chief Minister, Haryana against defendant No.1 and his persons for election of Executive Committee of Shiv Mandir. The police conducted the investigations and final report was produced. Defendant No.1 filed a suit for compensation and damages for his defamation and the plaintiff was counsel for the opposite party. On 20.4.2004 at about 6.00 PM, when the plaintiff was doing his work in his office, the defendants threatened him either not to appear for the opposite side as an Advocate or got the matter compromised. On 22.4.2004, defendant No.1 being the Editor/Publisher of news paper "Kranti Naya Paksh", a Hindi weekly, got published a defamatory news with mala fide intention to lower down his reputation. The said publication resulted into defamation of the plaintiff and he was subjected to unnecessary harassment. He has suffered professional loss as well and as such, suit for damages was filed.;