The Single Judge Bench of the Madras High Court, comprising Justice P. Velmurugan in the case of Susi Ganesan v. Leena Manimekalai has dismissed the Twitter’s application to pulled out its name from the suit filed by director Susi Ganesan against filmmaker Leena Manimekalai for seeking damages from making defamatory statements against him.
Submission of the Petitioner
The Counsel on the behalf of the Petitioner has submitted that Twitter Communications India Private Limited has put-forth its defence at the time of sending the notice, without hearing the words of the applicant, the first respondent/plaintiff has impleaded them as one of the defendants namely the third defendant.
Therefore this application has to be allowed and the name of the applicant/third defendant has to be struck off from the plaint as they are neither proper nor necessary party.
Submission of the Respondent
The Counsel on the behalf of the Respondent has submitted that the Twitter Communications India Private Limited is responsible for the defamatory statements against the first respondent/plaintiff.
Reasoning and Decision of the Court
The Court considered the facts of the case and perused the documents available on record. The Court expounded that a reading of the plaint, it discloses the cause of action against the applicant/third defendant also. Therefore at this stage, this Court cannot decide the role of applicant/third defendant as it can be decided only after trial and it is for the first respondent /plaintiff to establish in the suit during trial.
Therefore, the Court finds that this application has no merits and the said application is dismissed.
Case Details
Case: - A.No.672 of 2022 in CS.No.7 of 2022
Petitioner: - Susi Ganesan
Respondent: - Leena Manimekalai
Judge: Justice P. Velmurugan
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