All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

The correct option is D: Either in Delhi or in Calcutta.

According to Section 19 of the Code of Civil Procedure, a suit for compensation for defamation can be filed in the court within the local limits of whose jurisdiction the defendant resides or carries on business or personally works for gain, or where the cause of action wholly or in part arises. In this case, X resides in Delhi and publishes statements defamatory to Y in Calcutta.

Therefore, the cause of action partly arises in Delhi, where the statements were published, and partly in Calcutta, where the statements were circulated and caused damage to Y's reputation. Hence, Y can sue X at either Delhi or Calcutta, depending on his convenience and preference.

However, if Y chooses to file the suit in Delhi, he will have to prove that the defamatory statements were published and circulated in Delhi as well. If he files the suit in Calcutta, he will have to prove that X resides or carries on business or personally works for gain in Calcutta. Alternatively, Y can also file a criminal complaint against X under Section 499 and 500 of the Indian Penal Code for defamation.

In that case, Section 179 of the Code of Criminal Procedure will apply, which states that when an offence is committed partly in one local area and partly in another, or when the offence is a continuing one and continues to be committed in more local areas than one, it may be inquired into or tried by a court having jurisdiction over any of such local areas¹. Therefore, Y can file a criminal complaint against X either in Delhi or in Calcutta.