been litigated upon. There has been no serious contest as to the fact that all
the offending videos whose links have been filed at pages 19 to 24 of the
documents file are merely summarizing/ paraphrasing extracts of the book
itself. Since this has not been factually contested by any of the parties, the
Court has not viewed each of the videos. The submissions of the ld.
Counsels have been focused on the video whose transcript has been
provided in the plaint in paragraph 18(a). The Plaintiff‟s averments in para
18(a) have been rebutted only on the ground that the platforms are
intermediaries. There has been no denial of the content of the video as
mentioned in paragraph 18(a) of the plaint. Paragraph 18(a) of the Plaint
reads as under:
“18. That the brief facts necessitating the filing of the
present suit are stated herein under:
a) That the Plaintiffs in October, 2018 came to know
from Plaintiff No. 1‘s followers including the special
power of attorney holder and the distributors and
officials of Plaintiff No. 2 about uploading/sharing/
dissemination/publication of highly defamatory and
malicious videos/URLs/Weblinks against the Plaintiff
No. 1 on the portals of the Defendants, based on
absolutely false and/or wrong and/or misleading
facts/documents/statement thereby insinuating that the
Plaintiff No. 1 is responsible for the death of Mr. Rajiv
Dixit and his guru Swami Shankar Dev Ji and his
colleague Swami Yogananda. That the vilification
campaign launched by the Defendants against the
Plaintiff No. 1 by allowing the uploading of several
videos/URLs/Weblinks
are
false,
frivolous,
misconceived and reeks of malafide intentions. The
contents of one such video is reproduced herein below:
…‖
33.
Thus, the question as to whether there has been defamation or not has
CS (OS) 27/2019
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