Can we sue defendant for use of damaging words in written statement

4WhatIsRight (Querist) 03 January 2013 This query is : Resolved
We are a private limited company and are pursuing a title suit for specific performance of contract.
The defendant in his written statement have been using derogatory terms "practice fraud by evading government revenue" "evil design". He has not presented an iota of substantiating evidence.
We are deeply disturbed by such baseless allegation and more over the kind of words he is using.
Can we sue him for using such derogatory words.
What are the available options?

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Guest (Expert) 03 January 2013
Evidence has to be led during the stage of evidence and not along with the written statement. In the plaint and the written statement the parties have the right to make their respective allegations and thereafter adduce evidence in support of the allegations. Such statements, ipso facto, do not give rise to a liability for defamation. Wait till the decree is passed.

Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court

R.K Nanda (Expert) 03 January 2013
file Replication and deny specifically those

false allegations.

no need to file any defamation suit separately.

Guest (Expert) 03 January 2013
If you have enough spare time and money you can sue anybody for anything, which is not relished by you. But all that depends upon how you or your advocates are able to convince the judge about that.

However, in the extant case, you would either need to ask the other party to prove their allegations or prove yourself such allegations as false. Unless specifically proved false, no such allegation can be termed as derogatory, insulting or offensive. Before that any suit against the opposite party would be premature.

Raj Kumar Makkad (Expert) 03 January 2013
I do agree with the advice of Ld. Dhingra g.

4WhatIsRight (Querist) 04 January 2013
thank you all.
i value your opinion and advise.

Raj Kumar Makkad (Expert) 04 January 2013
Most welcome your appreciation.

Raj Kumar Makkad (Expert) 04 January 2013
Thanks for your appreciation for the experts.

V R SHROFF (Expert) 04 January 2013
Agree with above experts.
No defamatin.
No remedy for any type of allegation in ws.
Its court proceeding: Privilegde

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