1. This is an action for damages for libel. The words complained of are contained in an issue of the 'Statesman' newspaper published on the 26th November 1924. The case was opened by Mr. Sircar, and Mr. Langford James on behalf of the defendants, submitted the following issues:
1. Are the words defamatory?
2. Are they fair comment?
3. Where they published on a privileged occasion?
2. Mr. Sircar has submitted that to Issue No. 2 the words should be added 'on the facts set out in the alleged libel.' The reason for that is because paragraph 5 of the written statement states that in so far as the words complained of consist of expressions of opinion they are fair comment made in good faith and without malice 'upon the said facts' which are matters of public interest. Upon the authority of Aga Khan v. The Times Publishing Co.  1 K.B. 675 he has submitted that where the plea takes that form, facts other then these contained in the passage complained of as introductory to the comment, cannot be introduced as forming the subject of that comment. This contention, in my opinion, is correct and upon that learned Counsel for the defendants has asked to amend by striking out from the concluding passage of paragraph 5 of the written statement the words 'the said.' Immediately that is done, the result is that he is no longer tied down to any particular set of facts and the plaintiff thereupon requires particulars. Learned Counsel has indicated, though I do not wish to bind him by anything which he has said this morning, that he desires to introduce the remainder of the article published in the newspaper and a speech made by Lord Lytton shortly before, which appears to have formed among other things the text for the article in question as the facts upon which the comment is made. Of such matters and any others introduced for such purpose the plaintiff would be entitled to particulars.
3. As regards the third issue : I enquired of learned Counsel what the privileged occasion was and he has indicated to me to some extent the facts upon which his client will rely, as to which, though particulars have not up to now been asked for, learned Counsel for the plaintiff desires to take this opportunity to do sc and asked for particulars of the privileged occasion referred to in paragraph 6. This, in the circumstances, I also think, he is entitled to have.
4. There is no need to insist upon a formal application for amendment of the written statement and the order therefore will be that the written statement be amended by deleting from paragraph 5 the words 'the said' where they appear between the words 'malice upon' and 'facts which.'
5. The defendants will furnish particulars within ten days of facts said to be matters of public interest upon which the matter complained of is alleged to be fair comment made in good faith and without malice. The defendants will also within the time specified furnish particulars of the circumstances and or, as the case may be, of the occasion referred to in paragraph 6 of the written statement as render the publication of the article in question privileged.
6. Costs will be reserved. The further hearing will stand over the long vacation to which the parties by their respective counsel agree, and it should be mentioned to me within a week of the reopening of the Court. In default of that being done the case will appear on my list on Monday the 15th November.
7. Liberty to apply.