1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR LETTERS PATENT APPEAL NO. 576/2010 IN WRIT PETITION NO. 3869/2010 (D) (NITIN UDDAVRAO PANDHARIKAR & 2 OTHERS VERSUS DAMODHAR MADHAVRAO @ TATYAJI DEO & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.M. Deshpande, counsel for the appellants. Mrs. Padma Chandekar, counsel for the R-2 to 15. Shri A.S. Mardikar, counsel for the R-18. CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ. DATE : JULY 18 , 2011 . There is nothing wrong with the order passed by the trial Court in refusing to frame an additional issue casting burden on the defendants to prove that all the defamatory statements in the news item made by the respective defendants in ‘Loksatta’ dated 14.09.2005 were true and correct. Normally, the burden would be on the defendants to prove that the statements published by them are true and correct but, in this case, it prima-facie appears that this contingency would not arise as it is the case of the defendant nos.1 to 14 that they had not made the statements at all. Merely because it was stated in the written statement that assuming but not admitting that the statement was made by Shri Sudhakar Barde, it cannot be said that the statement is false, it would not be necessary to frame the issue in this regard. The learned Single Judge, therefore, rightly by the order dated 24.08.2010 dismissed the writ petition filed by the plaintiff. 2 In the facts and circumstances of the case, the letters patent appeal is dismissed with no order as to costs. JUDGE JUDGE APTE