Civil suit over online review dismissed as infructuous after defendant business ceases, extinguishing surviving cause of action

HC held that the suit had become infructuous due to extinguishment of the cause of action. The plaintiff sought removal of an online review posted by the first defendant on its website. However, the notice to the first respondent was returned with the endorsement that no such business was being carried on at the given address, indicating that the concerned entity had effectively ceased to exist. Holding that the cause of action no longer survived, the HC disposed of the civil suit without further adjudication on merits.

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The Madras High Court dealt with a civil suit arising from an allegedly defamatory or adverse review posted by the first defendant on the second defendant's website. During the proceedings, counsel for the second defendant informed the Court that the impugned review posted by the first defendant had been removed from the second defendant's site. The notice issued to the first defendant was returned with the endorsement that "No such business has been carried on in the said premises," indicating that the first defendant could not be effectively served. In view of the removal of the contentious review, the Court held that "the cause of action for the suit no longer exists" and disposed of the civil suit without costs, closing all connected applications.

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