M/S Sun Tv Network Ltd v. N Krishnamoorthy

P.VELMURUGAN, J.

This application has been filed seeking to implead the applicant as 8th defendant in the above suit.

Learned counsel for the applicant would submit that the applicant is the absolute copyright holder of 81 movies as per the agreement dated 03.11.2000 entered into between the applicant and the third defendant. Therefore the applicant is a necessary party to the suit. Learned counsel for the first respondent/plaintiff would submit that the suit was filed in the year 2005 and the seventh defendant in the suit has set up this applicant in order to defeat the case of the plaintiff. Further the applicant's alleged right created only pending suit and hence the applicant is neither necessary nor proper party to the suit and the applicant is liable to be dismissed.

Heard both the learned counsel.

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On reading of the documents annexed to this application, it is seen that the first respondent/plaintiff is not a party or witness to any of the documents. Further the suit itself filed in the year 2005 and the applicant has now filed this application seeking to implead it after the lapse of 19 years. Since the first respondent/plaintiff is not a party or witness to the documents filed by the applicant, based on which it sought to be impleaded in the above suit, the applicant is neither necessary nor property party to the above suit. Therefore the application shall stand dismissed. The applicant can workout its remedy in the manner known to law. 10.04.2024 cgi 2/3

P.VELMURUGAN, J.

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