Youssoupoff v. Metro-Goldwyn-Mayer = Contention 2 (landmark case for libel)
Order II of CPC
Section 15-25 of CPC SECTION 19 SECTION 20
Q1 What all includes maintainability? Does it also include assumption of innocence?
2. Amendment of section 5.— In sub-section (2) of section 5 of the Delhi High Court Act,
1966 (26 of 1966), for the words “rupees twenty lakhs”, the words “rupees two crore” shall be
substituted.
Maintainability.—Maintainability of suit is question of law. All civil suits are maintainable
unless barred either by expression provision or by necessary implication of law. History of
litigation between parties and actions taken by them do not determine question of
maintainability of suit, Jyoti Ltd. v. Bharat J. Patel, (2015) 14 SCC 566.
Nature of question as to, and/or tenability of suit/action/proceedings are judicial in nature
and can be decided only by a judicial authority, M.K. Indrajeet Sinhji Cotton (P)
Ltd. v. Narmada Cotton Coop. Spg. Mills Ltd., (2016) 12 SCC 133.
Claim in respect of subject-matter not covered in suit, is not maintainable. Fresh suit has
to be filed in respect such subject-matter, if maintainable, Ram Dutt v. Dev Dutt, (2016) 6
SCC 718 : (2016) 3 SCC (Civ) 476.
Dispute principally being as to succession to property, turning on question of
legitimacy/legal status of parties concerned as legal heirs of deceased person concerned
could only be resolved vide a civil suit, R. Kasthuri v. M. Kasthuri, (2018) 5 SCC 353.
16.In the case of Dainik Bhaskar v. Madhusudan Bhaskar,17it was held that it is not
necessary to justify every detail of the charge, provided that the gist of the libel is proved to
be in substance correct, and that the details, etc., which are not justified, produce no
different effect on the mind of the reader than the actual truth would do.