Court allowed an application for leave to institute a suit for defamation. The cause of action arose within the court's jurisdiction due to the dissemination of statements in Chennai, even though the defendant resided outside.
Leave to institute the suit against the respondent/defendant is granted.
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A.No.4829 of 2023 in C.S.DR.No.119991 of 2023
R.N.MANJULA, J.
This application has been filed to grant leave to institute the suit as against the respondent/ defendant herein before this Court.
2. On perusal of the plaint, it is seen to have been stated that the cause of action is seen to have arisen at Chennai. Averments made in the plaint that the defamatory statements have been disseminated through social media like Whastsapp, Twitter, etc., and it has been received by people residing at Chennai and that is being conveyed to the plaintiff also who also resides within the jurisdiction of this Court.
3. The learned counsel for the applicant / plaintiff submitted that though the cause of action has arisen within the jurisdiction of this Court since the respondent / defendant resides outside the jurisdiction of this Court, the present application has been filed under Clause 12 of the Letters Patent, by way of abundant caution.
4. Since the averments in the plaint shows that the cause of action has arisen within the jurisdiction of the Chennai and in the manner so stated therein, the applicant / plaintiff is entitled to maintain the suit before this Court, irrespective of the fact that the respondent / defendant resides outside the jurisdiction. Hence leave has to be granted.
5. Accordingly, this application is allowed.
19.09.2023
bkn
R.N.MANJULA, J.
bkn
A.No.4829 of 2023 in C.S.DR.No.119991 of 2023
19.09.2023
1 issue framed by the court
Whether leave to institute the suit should be granted when the cause of action arose within the jurisdiction, even though the respondent resides outside the jurisdiction.
Applicant / Plaintiff
Respondent / Defendant
R.N. MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
