Can i file defamation case in Delhi? Person in Assam. I am in Noida


We want to file a defamation case against someone who is based in Tinsukia Assam but as I am a doctor by professional and currently working in Noida UP would like to file the case from Delhi / NCR.

 

Kindly Advice.

 

Answer

 

With respect to a civil suit for defamation, you can file it either where the cause of action arises or where the defendant resides.

 

Secton 19 of the Code of Civil Procedure states that: Suits for compensation for wrongs to person or movables:

 

Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.

 

So to file the case in Delhi/NCR, you shall have to prove that the cause of action arose in Noida and therefore the suit is to be tried in Delhi and not Assam.

 

With respect to criminal defamation, you can register a complaint in the nearest Police Station, however you shall have to show them as well as to how the cause of action arose in their jurisdiction or else they shall refuse to register the complaint.

 

Kindly contact us for any further details and action.

 


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