The right to sue for defamation is personal and does not survive the death of the plaintiff.

1. A short but interesting question is involved in this petition that in case of defamation whether right to sue survives for the heirs of the plaintiff.

2. From the pleadings of the petition, the necessary facts are gathered as under :

2.1 It is the case of the plaintiff that his father viz. late Abdul Latif Abdul Wahab Sheikh has earned reputation for himself and his family. He was engaged in various businesses and he was well known in society. He also contested election for Ahmedabad Municipal Corporation in 1986. Thereafter, said Abdul Latif Abdul Wahab died. In October, 2013, the film 'Raees' was announced. The plaintiff filed Civil Suit No.782 of 2016 for defamation against petitioner - defendant praying for decree of damages of Rs.101 Crores. On 06.07.2020, the original plaintiff expired. The heirs of plaintiff filed Chamber Summons at Exhibit - 67 and 68 and 85 and 86. Learned City Civil Court vide order dated 27.04.2022 allowed the chamber summons at Exhibits - 67 and 68 and 85 and 86. Hence, the present petition.

3. What could be discerned from perusal of the fact that Late Mr.Mustak Ahmed Abdul Latif Sheikh has filed Civil Suit No.782 of 2016 claiming following reliefs :

"(A) The Hon'ble Court may be pleased to declare that, the promotional material, previews, and promos of the film 'Raees' either written, directed and / or acted and produced by the defendants are defematory to the reputation of the plaintiff, his family and also to the highly preserved reputation of late Abdul Latif Abdul Wahab Sheikh who is the father of the plaintiff.

(B) Further the Hon'ble Court may be pleased to declare that, such acts of the defendants are also defamatory in nature and all those release of news items by the defendants for the promotion of the film 'Raees' and the other promotional material, promos and trailers made available by the defendants on social media, etc. have caused and it can cause heavy loss and damages to the plaintiff. The Hon'ble Court may further be pleased to declare that, the release and / or screening of the film named 'Raees' written, directed, acted and produced by the defendants would be their willful and tortuous act and it may be further declared that, such act of production of the film undertaken by the defendants is in conspiracy with each other, and with the malafide intentions on their part only with a view to disrepute the plaintiff and to defame the plaintiff, his family and highly preserved reputation of late father of the plaintiff.

(C) This Hon'ble Court may be further please to pass an appropriate decree for compensation to the damages of the reputation of the plaintiff and preserved reputation of late Abdul Latif, to the tune of Rupees 101 Crores together with running interest at the rate of 18% p.a. from the date of the suit till the realization of the amounts from the defendants. It may be further declare that, the defendants shall remain liable to the plaintiff as joint and severally. The Hon'ble Court may be further please to mould such decree in a way that the decreetal dues can be recovered from all kind of properties and body personem of the defendants.

(D) The defendants, their marketing agents, distributors, and / or their power of attorney holders or anyone claiming right to release and screening and showing the promos, previews and trailers and or the entire film named 'Raees' be restrained by way issuance of permanent injunction and be directed and restrained from further promoting any kind of promotional material, previews or promos or overall release of the movie named 'Raees' which is either written, directed, acted and produced by them and