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A resides in Delhi and publishes in Kolkata statements defamatory of B. Under section 19 CPC, where may…

Section 19 permits a suit for compensation for a wrong to the person either where the wrong was done or where the defendant resides, carries on business or personally works…

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A resides in Delhi and publishes in Kolkata statements defamatory of B. Under section 19 CPC, where may B institute the compensation suit, assuming otherwise competent courts?

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Correct answer C

Section 19 permits a suit for compensation for a wrong to the person either where the wrong was done or where the defendant resides, carries on business or personally works for gain, and its defamation illustration permits the suit "In either Delhi or Kolkata" on these facts. "Only in Delhi" and "Only in Kolkata" are therefore too narrow, and a court's leave alone does not create an unrestricted India-wide choice, ruling out "Anywhere in India merely with the court's leave".

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