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Operation Mercy India Foundation And ... vs Facebook Inc. And Ors on 4 April, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~S-23

                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     CS(OS) 262/2020 & I.A. 8109/2020

                                OPERATION MERCY INDIA FOUNDATION AND ORS.
                                                                    ..... Plaintiffs

                                                   Through:     Mr. Akhil Sibal, Senior Advocate
                                                                with (appearance not given)

                                                   versus

                                FACEBOOK Inc. AND ORS.                                 ..... Defendants

                                                   Through:     Mr. Gauhar Mirza with Mr. Shyamal
                                                                Anand and Mr. Akhil Shandilya,
                                                                Advocates for D-1.
                                                                Mr. G. Arudhra Rao, Advocate for D-
                                                                2.

                                CORAM:
                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                             ORDER

% 04.04.2022 At the outset, Mr. Gauhar Mirza, learned counsel for defendant No. 1/Facebook Inc., submits that consequent upon change of name, 'Facebook Inc.' is now called 'Meta Platforms Inc.', as evidenced by Certificate of Incorporation Consequent on Change of Name dated 28.10.2021 issued by the concerned Registrar of Companies. It is thus prayed that the name of defendant No. 1 be changed in the memo of parties accordingly. Subject to a copy of the said certificate being placed on record by defendant No. 1, it is so directed.

By way of the present application filed under Order VI Rule 17 and Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908, the plaintiff seeks to implead Mr. Jeyapaul Jesudan and Mr. Pani Grahi (proposed defendants) as party defendants to the suit in place of defendant No. 2 'John Doe'.

2. Mr. Akhil Sibal, learned senior counsel appearing for the plaintiffs, submits that the suit was originally filed with 'John Doe' as defendant No. 3 (who now appears as defendant No. 2 upon deletion of the earlier defendant No. 2 vidé order dated 15.09.2020); however, when summons/notice was served as directed upon e-mail ID:

'[email protected]', proposed defendant No. 2/Mr. Jeyapaul Jesudan filed a written statement dated 31.10.2020, in which he named himself and also referred to proposed defendant No. 3/Mr. Pani Grahi as the persons who were operating the impugned Facebook page, which contains the allegedly defamatory matter. In the circumstances, it is submitted that the proposed defendants have, on their own reckoning, presented themselves as the persons who were operating the Facebook page; and are therefore required to be impleaded as party defendants to the present suit.

3. Mr. G. Arudhra Rao, learned counsel appearing on behalf of the proposed defendants, submits that in their reply to the present application, the proposed defendants have averred that the Facebook page which is subject matter of the present proceedings was being operated by the proposed defendants, for and on behalf of about 60-65 former employees of plaintiff No. 1; and that therefore, it is not as if Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:06.04.2022 CS(OS) 262/2020 Page 2 of 4 12:56:19 the proposed defendants are the only persons answerable for the claims made in the suit.

4. This court has heard learned counsel appearing on both sides; and it is seen that though the suit was originally filed against defendants Nos. 1, 2 and 'John Doe' as defendant No. 3 (the original defendant No. 2 having been deleted vidé order dated 15.09.2020), the proposed defendants have in the written statement filed by defendant no. 2, identified themselves as the persons who have been operating the subject Facebook page. The proposed defendants however assert and plead, that they were operating the Facebook page not for themselves alone but also on behalf of some 60-65 former employees of plaintiff No. 1.

5. In view of the above, the only course that commends itself to the court, is to allow the present application; thereby impleading the proposed defendants as defendants Nos. 2 and 3 in the suit.

6. The said parties are accordingly impleaded as defendants Nos. 2 and 3 in the suit.

7. Let amended memo of parties reflecting the change of name of defendant No. 1; and adding the newly impleaded defendants Nos. 2 and 3, be filed before the next date of hearing.

8. Since defendant No. 2 has already filed a written statement dated 31.10.2020 on his own behalf; as requested, let defendant No. 3 file an affidavit in support of written statement dated 31.10.2020, thereby adopting that written statement. Additionally, as urged by Mr. Rao, the said defendants are permitted to file additional written statement setting-out any further pleas that they wish to take in the matter.

9. Let additional written statement be filed within 30 days; additional replication, if any, be filed within 30 days thereafter; with copies to the opposing counsel.

10. Additional documents are also permitted to be filed along with the additional written statement. The plaintiffs may file affidavit of admission/denial of additional documents filed by defendants Nos. 2 and 3, by the next date of hearing before the learned Joint Registrar.

11. List before the learned Joint Registrar for the above purpose on 14th July 2022.

12. Application stands disposed of.

CS(OS) 262/2020 & I.A. 8109/2020

13. List before court on 31st August 2022.

ANUP JAIRAM BHAMBHANI, J APRIL 4, 2022 ds Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:06.04.2022 CS(OS) 262/2020 Page 4 of 4 12:56:19