JUDGMENT :

(Prayer: Petition filed under Order XIV Rule 8 of the Original Side Rules, read with Order I Rule 10(2) of the Code of Civil Procedure, praying to implead the proposed defendants in the above suit namely Mr.Kalanithi Maran, Director, Sun TV Network Limited No.4, Norton Street, Mandaveli, Chennai 600 028 as the fourth defendant and Sun TV Network Limited, Rep by its Directors, Murasoli Maran Towers, 73, MRC Nagar Main Road, MRC Nagar, Chennai 600 028 as the fifth defendant.)

1. This application has been taken out by the plaintiff in CS No.914 of 2010 seeking to implead respondents 4 and 5 herein, as defendants 4 and 5 in the said suit.

2. The Original Suit has been filed by the applicant herein seeking (i) declaration that the plaintiff is the author and first owner of the copyright of the story ‘Enthiran’ on the contention that it is a pirated version of his original story ‘Jugiba’ which was published in April 1996; (ii) for declaring that the film ‘Enthiran’ is the infringing copy of the plaintiff’s story ‘Jugiba’; (iii) for damages of Rupees One Crore; (iv) for an injunction restraining the respondents from distributing, screening and exhibiting the infringing copy of the film ‘Enthiran’ in any cinema hall, electronic media, etc., and (v) for a decree for accounts.

3. The plaintiff would claim that he is a prolific Tamil writer and he has written many short stories, novels and poems. He has also written lyrics for many tamil movies. It is the contention of the plaintiff that he had written a short story titled ‘Jugiba’ in which he had depicted a Robot, which develops a human mind. According to the plaintiff, this plot of his story is the basis for the film ‘Enthiran’ and hence the defendants namely the Story Writer cum Director, the Producer and the Director of the Producer Company are guilty of infringing his copyright.

4. The suit was resisted by the defendants mainly contending that the third defendant does not exist at all and Sun Pictures is a unit of a Public Limited Company called Sun TV Network Limited, therefore the suit laid against the third defendant itself is bad for misjoinder of parties. The second defendant filed a separate written statement contending that he is not the Managing Director of Sun Pictures Pvt Ltd., and that there is no such Company called Sun Pictures Pvt Ltd. According to the defendants Sun Pictures is a division of a larger Company called Sun TV Network Limited. Therefore, it is Sun TV Network Limited which is the producer of the movie and it ought to have been impleaded in the suit. This defence was set up in the written statement that was filed on 20.11.2015 by the defendants. The plaintiff, however, did not take any steps to amend the plaint or to substitute the correct parties.

5. The suit went for trial and the evidence was recorded by the Additional Master. During the cross-examination of the plaintiff by the counsel for defendants 2 and 3 specific suggestions were put to him regarding the constitution of the third defendant. One Mr.Jyothibasu, authorized signatory of Sun TV Network Limited, was examined as D.W.1, even in his proof affidavit the actual status and the constitution of the producer of the movie was stated. He was cross-examined on 24.04.2018 by the learned counsel for the plaintiff, wherein specific suggestion was put to him that he is representing Sun TV Network Limited and Sun TV Network Limited is not a party to the suit. After completion of the recording of evidence, the suit was posted for arguments and the learned counsel for the plaintiff in fact addressed the arguments for some time and it is at this stage this application has been filed seeking impleading of the defendants 4 and 5 namely Sun TV Network Limited and Mr.Kalanithi Maran, in his capacity as Director of Sun TV Network Limited.

6. This application is resisted by the defendants contending that the very application is ill-conceived. Separate counter affidavits have been filed by the third respondent a