Madhab Chandra Ghose And Ors. vs Nirod Chandra Ghose on 20 February, 1939
Mr. Chayan Gupta, learned counsel, has relied upon a Division Bench judgment
of our Court in 'Madhab Chandra Ghosh vs. Nirode Chandra Ghosh' reported at ILR
1939 Cal 574 and submits that in the said decision arising out of an action initiated by
the plaintiff for damages firstly, on certain reports which were sent to the police by the
defendant nos.3 and 5 and which accused the plaintiff of being in illegal intimacy with
one Alhadini Ghosh, a young widow, who was alleged to have given birth to an
illegitimate child and secondly, on the statements made by all the defendants as
witnesses in the two criminal cases initiated subsequent to the said reports the suit was
held to be not maintainable. Mr. Gupta has relied upon an observation of the Hon'ble
Justice Mukherjea in which it was held that English law applicable to such privileges
may not cover pleadings but enjoy only a qualified privilege as the English Courts have
followed is not shared by the majority of decisions in India. Mr. Gupta submits that in
view of the said decision pleadings in civil proceedings are immune from challenge.