Question

“X” residing in Delhi, publishes statements defamatory to “Y” in Calcutta. “Y” can sue “X” at:

• A. Delhi;
• B. Calcutta;
• C. Anywhere in India;
• D. Either in Delhi or in Calcutta;

Hint:

In tort cases like defamation, jurisdiction lies both where the act was done and where the harm was suffered.

Answer 1

The Correct Option is D

Step 1: Understanding Jurisdiction in Defamation Cases:
Under Section 19 of the Civil Procedure Code (CPC), when a wrong (tort) such as defamation is committed, the aggrieved party may file a suit either where the wrongful act was committed or where the injury was suffered.
Step 2: Application to the Present Case:
In this case, “X” published defamatory statements in Delhi, but their impact and injury to reputation occurred in Calcutta where “Y” resides. Hence, “Y” can sue either where the publication originated (Delhi) or where the injury to reputation occurred (Calcutta).
Step 3: Final Conclusion:
Therefore, the correct answer is (D) Either in Delhi or in Calcutta, as per Section 19 CPC.