The Kerala High Court has held that procedural requirements under the Code of Civil Procedure (CPC) cannot be applied in a manner that defeats the very purpose of “John Doe” proceedings, where the identity of the person responsible for the alleged act is initially unknown.
Justice Easwaran S. delivered the judgment on September 14, 2026, allowing a petition filed by M/s Cubes Entertainments against the refusal of the Principal Munsiff Court, Ernakulam, to number its suit.
Background
Cubes Entertainments had approached the Munsiff Court seeking removal of reviews concerning its film “Kattalan” posted by unidentified persons on the BookMyShow platform. Since the identities of the persons posting the reviews were not known, they were impleaded as “John Doe” defendants.
The trial court, however, declined to number the suit, citing non-compliance with Order VI Rule 14A CPC, which requires pleadings to contain the address of a party for service of notice.
The High Court found that insisting on the physical address of an unidentified defendant created a procedural difficulty that was incompatible with the nature of John Doe litigation.
The Court observed,
“The procedural conflict between Order VI Rule 14A of CPC and the ‘John Doe’ exemption was not considered in its correct perspective.”
It noted that where the identities of persons are completely unknown, obtaining their exact details before instituting proceedings may be practically impossible. The Court also referred to earlier decisions explaining the development of John Doe proceedings in India.
The High Court held that procedural rules should not become technical obstacles to substantive justice. It said the trial court could have obtained an undertaking to implead the actual person once the identity was discovered.
Accordingly, the High Court allowed the original petition, set aside the Munsiff Court's order, and directed the Principal Munsiff Court, Ernakulam, to number the suit upon production of the certified copy of the judgment and consider the interlocutory application forthwith.
Case Details:
- Case Title: M/s Cubes Entertainments v. Big Tree Entertainment Private Limited & Ors.
- Case Number: O.P.(C) No. 2655 of 2026
- Judge: Justice Easwaran S.
- Decision Date: 14 September 2026
