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N. SESHASAYEE
R. Natraj, I. P. S. , Director General of Police (Retd. ,) – Appellant
Versus
M. R. Saravanan – Respondent
JUDGMENT
(Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the impugned order dated 01.09.2021, in I.A.No.1 of 2019 in O.S.No.5503 of 2019 on the file of the XXI Additional City Civil Court, Chennai insofar as the enhancement of damages is concerned and consequently to allow the amendment application in I.A.No.1 of 2019 in O.S.No.5503/2019.)
1. The plaintiffs have filed a suit for defamation claiming damages (originally before this Court in C.S.No.5 of 2015) of Rs.25,10,000/- against the first defendant. The defendants 2 to 4 are the Media, and the plaintiffs seek a decree of prohibitory injunction not to publish any defamatory statement about them. Subsequently, they moved the original side of this Court in A.No.2085 of 2019 for amending the plaint, seeking a higher damage of Rs.1,00,10,000/- against the first defendant and also for a relief of mandatory injunction.
2. While the matter was pending before this Court, the pecuniary jurisdiction of the High Court came to be enhanced and accordingly, the suit came to be transferred to the City Civil Court. The pending application in A.No.2085/2019 was also transferred to the City
The duty of the court to grant relief based on the existence of an allegation, rather than proving the allegation.
The judgment emphasizes the expansive attitude required in allowing amendments to the plaint prior to trial and the plaintiff's right to claim damages as deemed appropriate.
The main legal point established in the judgment is that the power to allow amendments under Order 6 Rule 17 CPC is wide and can be exercised in the interests of justice, but amendments should not ca....
Amendments to a plaint do not necessarily relate back to the date of filing, especially concerning jurisdictional issues.
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