Format of a Plaint claiming compensation for Defamantion


Important points
  1. Format of all Civil suits are pretty much the same. They are governed by Order VI (Pleading) and Order VII (Plaint) CPC. Please see this for theory part.
  2. Suit for compensation for things like Defamation, Malicious Prosecution can be filed in the court as determined by Section 19 and 20 of CPC.

In the Court of Civil Judge Class - I at Indore

Suit No. ………… / 20…….
A. B. s/o B. C.
123, M G Road, Indore, MP                           .........................................  Plaintiff

Vs.

M. N. s/o O. P.
456, M G Road, Indore, MP                            .........................................  Respondent

Plaint under Order 7 Rule 1 for Compensation for Defamation

The plaintiff respectfully states as follows : -

Brief Description of the case:
(1) The respondent publicly accused the plaintiff of selling watered down milk, which has caused immense harm to the reputation of the plaintiff. The present suit is meant for compensation for the harm done to the plaintiff's reputation.

Matters of Inducement:
(2) Plaintiff is a milk man and sells milk in many colonies of Indore including MG Road, AB Nagar.
(3) Respondent is the president of an informal residents association of MG Road.

Facts constituting cause of action:
(4) In a residents association meeting held on 10/10/2009, the respondent publicly accused the plaintiff of selling milk mixed with water. A tape record of the respondent making the accusation is attached with this petition.
(5) The said speech made by the respondent was heard by hundrends of residents of MG Road, where the plaintiff sells milk.
(6)  The said speech has caused the plaintiff a lot of embarrament and loss of business.
(7) The plaintiff denies that he sells watered milk and claims that the statement made by the respondent was completely baseless.
...
Jurisdiction:
(10) The meeting where the defamatory statement was made by the respondent happened in Indore, which is under this court's jurisdiction.
(11) The plaintiff claims, on account of the loss of business as well as mental agony, an amount of 40,000/- which is under this court's jurisdiction.

Relief Claimed:
(12)  The plaintiff prays that the court be pleased to order the respondent to pay sum of Rs 40000 on account of the loss of business because of his baseless and false speech.  The plaintiff further prays that the respondent be ordered to pay compensation for mental harassment and cost of this litigation.


Place: ………………….                                                                            (Signature of the plaintiff)
Date: …………………..                                                                            


                                                                                                                        Advocate for Plaintiff


Verification
 
 I, ______, do hereby verify that the contents from paras 1 to 12 are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at Indore this 4th Day of September 2009.

(Signature)
Plaintiff