A.Nos.851, 480, 1037, 1708 & 1709 of 2023 in C.S.No.125 of 2022 Reserved on 19.04.2023 Delivered on 17.07.2023 K.KUMARESH BABU, J.

These applications have been filed seeking various reliefs as follows:

(i)Application No.851 of 2023 has been filed seeking to permit the plaintiffs to join the causes of action in the present suit.

(ii)Application No.1708 of 2023 has been filed seeking to permit the plaintiffs to amend the body of the plaint paragraph Nos.25 to 30 as mentioned in Judge's Summons.

(iii)Application No.1709 of 2023 has been filed seeking to receive the schedule mentioned documents and consequently grant leave to the applicants/plaintiffs to rely upon the same in evidence.

(iv)Application No.480 of 2023 has been filed seeking to amend/recast the issues which have been framed in the present suit vide order dated 15.11.2022.

(v)Application No.1037 of 2023 has been filed seeking to permit the plaintiffs to amend the verification para at the page Nos.30 & 33 of the plaint in C.S.No.125 of 2022.

2.The suit had been initiated by the applicants seeking for a damage of Rs.1,00,10,000/- as against the first defendant and for a permanent injunction restraining him from repeating the defamatory statements made by him and as against the defendants 2 to 4 for a permanent injunction restraining them from to continue publishing or telecasting defamatory statements made by the first defendant.

3.It is to be noted that originally a suit had been filed seeking for a damage of Rs.25,10,000/- and that due to the change in pecuniary jurisdiction, the suit had been transferred to the City Civil Court, Chennai prior to the transfer, the applicants had made an application seeking to amend the prayers in the suit, wherein the claim for damages sought to be revised Rs.1,00,10,000/- which was originally disallowed by the City Civil Court and permitted to be amended by an order of this Court in C.R.P(PD)No.2274 of 2021 dated 27.05.2022, which was also confirmed by the Hon'ble Apex Court. Thereafter, the suit has been retransferred to this Court.

4.It is also noted that issues have been framed by this Court vide its order dated 15.11.2022, wherein 17 issues have been framed.

5.Heard Mr.Vaibhav R.Venkatesh, learned counsel for the applicants/plaintiffs, Mr.R.N.Amarnath, learned counsel for the first respondent/defendant, Ms.M.Sneha, learned counsel for the second respondent/defendant and Mr.P.T.Perumal, learned counsel for the third respondent/defendant.

6.Mr.Vaibhav R.Venkatesh, learned counsel appearing for the applicants compartmentalized his arguments into two parts:

(a)Application seeking to amend the body of the plaint and to receive additional documents.

(b)Application seeking recasting of issues, joinder of cause of action and to amend the verification.

7.He would submit that the applicants herein are reputed citizens. The first applicant is a retired Senior Police Officer and is also a former Member of Legislative Assembly of the State of Tamil Nadu and the second applicant is a practicing advocate having rich experience and is in active practice on the various branches of law. He would further submit the first defendant had been making various allegations against the applicants herein which are per se defamatory affecting the reputation of the applicants and the same had been published by the defendants 2 to 4. Hence, it necessitated the applicants to approach this Court by way of filing suit seeking for damages, permanent injunction as against the first defendant and also for a permanent injunction against the defendants 2 to 4 from publishing/telecasting defamatory statements made by the first defendant.

8.He would further submit that originally the suit had been filed seeking for a damage for Rs.25,10,000/- and for a mandatory injunction. He would further submit that an order of an interim injunction was granted against the first respondent/defendant from repeating the defamatory allegations made in his complaint dated 27.07.2013 & 28.11.2014