Law:

Section:

Tort--- ----False and malicious allegations---Suit for damages---Dispute regarding common wall of parties' houses---Plaintiffs filed civil suit which was dismissed---Defendant, during pendency of suit submitted an application to Commissioner, complaining that plaintiffs had raised construction without sanction of Municipal Authorities---Defendant, in said application having made certain allegations about plaintiffs, she along with her brothers filed suits against defendant for recovery of damages on the ground that allegations levelled were false and malicious, which had damaged their reputation in the society and also caused mental torture to them---Trial Court decreed suit, but Appellate Court partly accepted appeal of defendant and reduced amount of damages---Validity---Plea of plaintiffs that words used in application by defendant, had damaged their reputation in the society, was ill-founded because said application had not gained wide circulation---Except Commissioner to whom said application was marked and concerned staff, no other person had seen the application before its institution;--General public/society before whom plaintiffs felt themselves degraded on account of the application, never knew about application or its contents---No question of damage to their reputation in the society on account of said application did arise---Mere use of indecent words against a person would not entitle him to claim damages from the person having used indecent language; in such-like situation the allegations had to be looked into in the context of society, time, place and the circumstances in which allegations were made---Alleged derogatory words were used in anger, the cause of which was civil litigation launched by plaintiffs and. their alleged interference with the common wall of the houses of the parties---No evidence was available to show that defendant had maliciously defamed plaintiffs and caused any incalculable damages to their reputation---Allegation in the application of petitioner neither were defamatory nor malicious and same had not exposed plaintiffs to any hatred, contempt, ridicule nor same had injured them in their profession---Plaintiffs, in…

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