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Patel Shanti (roprietor)     18 October 2012

Notice of motion and suit for dafamation

Dear Friends,

What is the difference between MOTION and SUIT?   

If an inetrim  relief is grated by Hon.Court ex-parte, now should I reply to in writing to such notice of Motion?

It is a case of DEFAMATION against me. In a DEFAMACATION case what is to be proved by the plaintiff?

Is there a TIME LIMIT to reply to the laintiff after the suit is filed ? The amount of DAMAGES demanded is Rs.5,00,00,000(Five Crores) The case is filed in the Bombay High Court.

Please guide.

Yours Sincerely,

s.k.patel



Learning

 1 Replies

surjit singh (Assistant)     18 October 2012

In a suit of motion the time limit is 60 days from the date of receipt of the summon/notice of the suit being filed as in Code of Civil Procedure . In a reply to a defamation suit few grounds be taken into consideraton (1) if the word expressed or publication made is true, (2 the said publication does not in any way affect the person, (3) the word expressed/publication was made basing on reasonable perception which a prudent man could arrive, which was not made intentionally knowingly. Basically you have to make your reply in such a way saying that none of the ingridients of 499 Indian Penal Code is present in the suit.


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