How to get a civil suit dismissed
dinesh kumar
(Querist) 23 November 2015
This query is : Resolved
a corporate giant has filed a civil defamation suit against me my editor and ceo. i have moved an application to open a mjc on several charges of perjury against plantiff no. 2 and have plans to get the suit dismissed on the grounds that the case is not maintainable because the four news reports drubbed libel was filed in wider public intrest soon after an incident of fire . I am a working journalist associated with a english news paper. could i file the application under order 7 rule 11 of CPC seeking dismissal of the suit because law has protected us. kindly guide. i am representing the case in person.
P. Venu
(Expert) 24 November 2015
You need to meet the issue on merits.
Rajendra K Goyal
(Expert) 24 November 2015
Full case file need to be referred, consult your lawyer.
dinesh kumar
(Querist) 24 November 2015
i dont have any lawyer. Its difficult for me to appoint any lawyer. They even managed my own sister fighting my case. She is a practicing lawyer in the Chennai High Court. I am fighting the case in person. Even though i am not a match but i have not lost grounds and even got a favourable order in a writ of mandamus filed in teh High Court seeking directive to prevent police from harassing me at the instigation of a official of the Corporate giant.
M V Gupta
(Expert) 24 November 2015
Order 7 R 11 may not apply. You have to file ur detailed written Statement in which u may raise preliminary objection that the suit is not maintainable on the ground mentioned in ur query and pray for dismissal of the suit against u in limini(i.e., without tria).
K.S.Srinivas
(Expert) 24 November 2015
Engage an advocate and contest the case.
T. Kalaiselvan, Advocate
(Expert) 03 December 2015
The petition under order 7 rule 11 seeking rejection of plaint may not sustain under given circumstances because it is not you alone has been affected, let your editor and CEO decide about taking a decision on this issue. to decision to publish a report will not fully vest on the journalist itself, the editor and other top officials of the magazine/newspaper have to approve report to be published, therefore the responsibility fully lies on them and not on you.
You can defend your case properly, you have a strong case in your side and the merits favor you.
You can take advice outside court from a prudent and knowledgeable advocate having expertise in the field.
The libel case may not withstand if given a tough challenge.
