Appeal filed under Order 36 of the Original Side Rules read with Clause 15 of the Letters Patent against the judgment and decree dated 1.4.2005 passed by the learned single Judge in C.S.No.212 of 2002.

P.K. MISRA, J.

Plaintiff is the appellant. He filed the suit claiming a sum of Rs.11,00,000/- from three defendants jointly and severally as damages on the allegation that a defamatory notice was published at the instance of Defendant No.1 in the newspaper “Daily Thanthi” belonging to Defendant No.2 of which Defendant No.3 was the Editor, Printer and Publisher.

2. The allegation in the plaint is to the effect that Defendant No.1, who had offered to supervise the construction of a Guest House for the plaintiff, who is an exporter of Tamil feature films to Sri Lanka, had been given an imprest cash of Rs.3,78,000/- for purchase of materials. According to the plaintiff, Defendant No.1 was liable to refund a sum of Rs.20,000/- and when the plaintiff broached the subject, Defendant No.1 abused and assaulted the plaintiff for which he had preferred a complaint with Aranthangi Police and a case has been registered as C.C.No.1001 of 2001 before the Special Judicial Magistrate, Arant