Special Suit No.008/2002

MR. XAVIER FERNANDES,
S/o of MR. FABIAN FERNANDES,
Aged 34 years, married,
Resident of ‘Halona Apts.’,
Panaji-Goa. .......................................Plaintiff

V/S

1) MR. MARIO DAS,
Major, in service,
Resident of Kamat Estate,
Tonca, Panaji-Goa.

2) MR. MANUEL DIAS,
Major, Editor ‘Goan Morning’
Resident of ‘Midas Touch’
Panaji-Goa.

3) MR. ABHISHEK ROSHAN,
Major, Publisher ‘Goan Morning’
Resident of ‘Dona Paula’ Panaji................. Defendants

SUIT FOR DAMAGES IN DEFAMATION

The plaintiff above named states and submits as under:
1) The registered address of the plaintiff for the purpose of communication as required under Order 6 Rule 14 A of the Civil Procedure Code is the same as is mentioned in the cause title.

2) The plaintiff is a doctor by profession. He is a leading Gynecologist in Goa and has his own hospital at Miramar Panaji- Goa. His reputation as an expert has spread all over Goa and even in the neighboring states of Maharashtra and Karnataka so much so that difficult and seemingly impossible cases are referred to him for his efficiency and expertise in the field.

3) The fame and success of the plaintiff in a short span has been a cause of envy and jealousy among his colleagues and as such they do not share a good relationship with the plaintiff.

4) The plaintiff was surprised to read an Article titled ‘Medical Profession Commercialised’ written by the Defendant No.1 and published in the July issue of Goa Times published by Defendant No.3. The Defendant No.2 is the Editor of the said magazine. Hereto annexed and marked “Exhibit A’ is the copy of the said magazine.

5) The plaintiff states that the articles contain statements which are directly made against him. It contains statements to the extent the plaintiff prescribes caesarean deliveries in 80% of the cases in order to make big money. These statements are absolutely false, baseless and have no truth at all. In fact the entire article has been written by Defendant No.1 with the sole intention of having the reputation of the plaintiff mainly because the Defendant No.1maintains cordial relations with many doctors.

6) The Article mentioned above has caused great damage not only to the reputation of the plaintiff but has affected his profession to the extent that within a span of one month of publication of article, the member of plaintiff- patients has increased substantially.

7) The plaintiff states that the cause of decrease in the number of patients could be attributed to the fact that the public in general may have impression in the mind that the plaintiff was out of the way to make money more than give proper treatment.

8) The plaintiff states that the defendant no.1 knows very well that the contents of this Article are false. The defendant no.2 is also aware of the reputation of the plaintiff and also of the case and concern he has for the patients. The defendant no.2 therefore ought to have verified the contents before publishing the same.

9) The plaintiff by a notice dated 24/8/2000, called upon the defendant to tender an unconditional apology and publish the same in the next issue of the magazine and also to pay to the plaintiff a sum of Rs.10,00,000/- by way of compensation for defaming the plaintiff Hereto annexed and marked “Exhibit C’ colly is the copy of the said notice along with the Postal Card No. The defendants received the said notice but failed to comply with the directions contained therein.

10) For the purpose of Court fees and jurisdiction, the relief in the present suit is valued at Rs. 10,00,000/-.

11) The cause of action in the present suit arose when the article containing defamatory statement against the plaintiff was published. The suit is therefore not barred by the law of limitation.

12) The plaintiff resides in Panaji, the article was written and published in Panaji. The entire cause of action arose in Panaji within the jurisdiction of this Hon’ble Court. This Hon’ble Court has therefore the jurisdiction to try the suit.

13) The plaintiff therefore prays that:
a) for a judgment and decree directing the defendants to publish an publish an unconditional apology in the magazine.
b) for a judgment and decree directing the defendants to pay to the Plaintiff jointly and severally a sum of Rs.10,00,000/- by the way of compensation for the harm and loss caused to the plaintiff due to the publication of this article.
c) for costs.

PLACE: Panaji- Goa.
DATE: 2nd January 2001

Sd/-
PLAINTIFF
VERIFICATION
I, MR. XAVIER FERNANDES, the plaintiff above named state on oath that the contents of paragraphs 1 to 9 are true to my own knowledge and the contents of the paragraphs 10 to 13 are submissions made upon legal advice and I believe the same to be true.

Solemnly affirmed on this 2nd day of January 2001 at Panaji, Goa.

Sd/-
PLAINTIFF