LAKSHMI THEATRE Vs. NARAYANASAMY THEATRE

JUDGEMENT

(1.) THIS Civil Revision Petition is preferred against the order dated 31. 01. 2003 of the learned Subordinate Judge, Kovilpatti in i. A. No. 406 of 2002 in O. S. No. 10 of 1999, dismissing the Petition filed under order VI Rule 17 C. P. C, declining to amend the name of the Defendant by including the name Sathiyabama. The Plaintiff is the Revision Petitioner.

(2.) O. S. No. 10 of 1999:- The Plaintiff - M/s. Lakshmi theatre, Kovilpatti has filed the Suit claiming Rs. 1,00,000/- (Rupees One Lakh only) towards Damages and for Defamation. Referring to the number of Agreements between the Parties, the Plaintiff has alleged that in view of the breach of the Contract by the Defendant, the Plaintiff could not release the Film as agreed by them. Originally, the Suit was filed against M/s. Sri Narayanasamy theatre, Kovilpatti.

(3.) LEARNED counsel for the Respondent / Defendant has submitted that the Application under Order 1 Rule 10 (2) C. P. C ought to have been filed to implead Jayachandra as the Defendant. It is further contended that on such Application only after issuance of the Notice to the proposed parties and upon hearing the objections that Application could be allowed. It is further submitted that without filing any Application under Order 1 Rule 10 (2) C. P. C straight away the Proprietrix cannot be impleaded as a Defendant by filing the Amendment Application.