Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch/Sum. No. 107/2020 in S.C. Suit 2766/2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 107 OF 2020
IN
SUIT NO. 2766 OF 2019
Priyesh Bheda, I R S ...Plaintiff
Vs.
Google India Pvt. Ltd. & Ors. ....Defendants
CORAM : Smt. S.S.Nagur
Judge
(C.R.NO.13)
DATE :22nd December 2020
APPEARANCE
Plaintiff in person present.
Adv. Doshi for defendants present.
ORDER
1. The Chamber Summons is filed by the Plaintiff to implead
the proposed defendant M/s Diligent Media Corporation Ltd. The
Chamber Summons is supported by Affidavit. The plaintiff stated
that he realized that impugned defamation is not by only
defendant no. 1 but also by the newspaper. Hence, proposed
defendant are necessary party to the suit.
2. The proposed defendant filed reply through authorized
representative Akshay Mahadik and has denied the contents of the
Chamber Summons. The proposed defendant stated that the suit
was filed in 2008 for the news published in 2008. It is barred by
limitation. The contents of the article are not defamatory. The
respondent denied that any false information was published, as
alleged. Hence, prayed to dismiss the Chamber Summons with
cost.
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2 Ch/Sum. No. 107/2020 in S.C. Suit 2766/2019
3. Heard plaintiff in person and Advocate Shri. Doshi for
proposed defendant.
4. Advocate Doshi for proposed defendant argued that as the
suit itself is barred by limitation, no purpose will be served by
impleading the proposed defendant in the suit, as the suit itself is
not maintainable. Advocate Doshi pointed out that there is
typographical error in reply affidavit at para 7 instead of suit filed
in 2008, it is 2019.
5. On the other hand plaintiff in person argued that the suit is
filed for defamation and permanent injunction to remove the
article shown in the website of proposed defendant. The suit is
within limitation because it is a continuous cause of action. The
proposed defendant is necessary party. Hence, prayed to allow the
Chamber Summons.
6. Perused contents of Chamber Summons and reply. The suit
is filed by the plaintiff seeking damages and injunction against the
defamatory article published in the website. In para no. 4 of the
plaint the plaintiff has stated article appeared in
“www.dnaindia.com”. The said article is defamatory. The point of
limitation of the suit is a defence, which can be raised by proposed
defendant. Under Order 1 Rule 10 of Civil Procedure, the party
necessary to the suit is to be impleaded to determine the real
controversy in dispute. Considering the pleading on record, the
proposed defendant is a necessary party and has to be impleaded
as defendant no. 4 to the suit. Hence, pass following order :-
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3 Ch/Sum. No. 107/2020 in S.C. Suit 2766/2019
ORDER
1. Chamber Summons No. 107 of 2020 is allowed.
2. The proposed defendant is added as defendant no. 4
in the suit.
3. The plaintiff is directed to carry out the amendment
within limitation.
4. Accordingly Chamber Summons is disposed of.
(SMT. S.S.NAGUR )
Judge
Dt.: 22/12/2020 City Civil Court,
Gr. Mumbai
Dictated on : 22/12/2020
Transcribed on : 22/12/2020
Signed on : 22/12/2020
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4 Ch/Sum. No. 107/2020 in S.C. Suit 2766/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
28/12/2020 11.15 a.m. Prachi Y. Potdar
Stenographer – Grade I
Name of the Judge HHJ Smt. S.S. Nagur
(C.R.NO.13)
Date of Pronouncement of
Judgment/Order.
22/12/2020
Judgment/order signed by P.O on 22/12/2020
Judgment/order uploaded on 28/12/2020
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