Chennai: A day after a single judge of the Madras high court granted leave for DMK to move Rs 1.01 crore defamation suit against ministers Aadhav Arjuna and C T R Nirmal Kumar, for their alleged remarks against the party in connection with Gem Veeramani case, the ministers have moved an appeal against the order.On Tuesday, a mention was made before a division bench of Justice N Sathish Kumar and Justice G K Muthukumar seeking an urgent hearing of the appeal. As counsel for DMK assured the court that they would not insist on numbering the suit immediately, the bench agreed to take up the hearing of the appeal on Oct 13.On Monday, while granting the leave, a single judge of the court refused to concur with the objections raised by the ministers that the general secretary of DMK cannot represent the collective interest of a political party and failure to serve a prior two-month notice under Section 80 of the CPC when a suit is moved against a public servant.The judge categorically observed that the scope of consideration in an application seeking leave under Clause 12 (leave to sue) of Letters Patent is limited to examine whether the averments in the proposed plaint and whether the plaintiff has disclosed a substantial part of the cause of action falls within the jurisdiction of the court.
