RAGHAVAN Vs. KALANITHI MARAN

JUDGEMENT

(1.) This Original Side Appeal, in O.S.A. No. 226 of 2013, had been filed against the order and decree, dated 14.9.2012, passed by the learned single Judge of this Court, in A. No. 3998 of 2012, in C.S. No. 141 of 2012. The application, in A. No. 3998 of 2012, has been filed by the defendant, seeking to revoke the leave granted on 23.2.2012, in Application No. 891 of 2012, stating that the suit is not maintainable in law and on facts and it is without jurisdiction. The learned single Judge, by his order, dated 14.9.2012, had dismissed the application, in A. No. 3998 of 2012.

(2.) The applicant, in A. No. 3998 of 2012, is the appellant in the present Original Side Appeal. The appellant, who is the defendant in the suit, in C.S. No. 141 of 2012, had filed the application, in A. No. 3998 of 2012. The said suit had been filed by the plaintiff, who is the respondent in the present Original Side Appeal claiming damages for a sum of Rs. 1 crore, with future interest at 18% per annum and for a permanent injunction restraining the defendant therein, the appellant in the present appeal, from publishing any article concerning the plaintiff, his family, his private life, private life of his family members, his business activities carried on by him relating to the Tamil daily newspaper 'Dinamalar', without ascertaining the actual truth from the plaintiff.

(3.) The plaintiff in the suit, in C.S. No. 141 of 2012, had stated that several defamatory statements had been made against him in the Trichy edition of the Tamil daily newspaper 'Dinamalar'. It had been stated that the cause of action had arisen at Chennai, where the plaintiff is residing, for the filing of the suit before this Court.