AI Structured Summary
Not yet generated for this judgment
Judgment
It is not denied that the question put on 27th April 1891 were protected by privilege--but it is contended that there was no privilege as regards
any statements made by defendant on the 2nd May 1891. The plaint, however does not set out the precise defamation alleged on May 2nd in such
a way that the allegation can be proved or answered. Independently of this, the plaintiff''s wife is sui juris and can sue herself, and we agree in the
view of the Allahabad Court expressed in Daya v. Param Sukh ILR (1884) A 104 that in such a case the husband cannot sue in his own right. This
view has also been taken by Muthusami Aiyar and Best J.J. in Section A. No. 107 of 1894 on the file of this court. There is nothing in the plaint set
out to justify the contention that the husband was himself defamed.
The second appeal must be dismissed with costs.