MUKUL ROY Vs. BUDDHADEB BHATTACHARJEE & ORS.

JUDGEMENT

(1.) This application in the instant suit has been made by the General Secretary, West Bengal Unit of the All India Trinamool Congress, for being added as a plaintiff in the suit and also for leave for service of a fresh Writ of Summons on the defendants.

(2.) The suit was filed on 1st March, 2013 for damages and injunction restraining the first defendant from publishing defamatory statements against the Hon'ble Chief Minister of the State as well as injunction restraining the defendant nos. 2 and 3 from publishing through their television channel any further defamatory statements of the nature mentioned in the plaint against the Hon'ble Chief Minister of the State. Pursuant to orders dated 6th March, 2013 and 3rd April, 2013, the plaintiff was granted leave under Order 1 Rule VIII of the Code of Civil Procedure, 1908, to make publication in relation to the institution of the suit; which was done by way of two advertisements both dated 22nd March, 2013.

(3.) Mr. Abhrajit Mitra, learned senior Counsel appearing for the plaintiff, submits that the instant application for adding the applicant as a plaintiff has been necessitated by reason of the plaintiff not showing any interest in proceeding with the suit and believes that the suit would fail for non-prosecution unless orders are granted as prayed for. He relies on the fact that the present applicant was not aware of the particulars of the present suit since the plaintiff had been entrusted with the responsibility of looking after the present suit.