SURESHKUMAR M JAIN Vs. R RATHAN ROY

JUDGEMENT

(1.) THIS appeal by the plaintiff is directed against an interlocutory order dated 20-12-2008 passed by the Trial Court the Court of the XVIII Additional City Civil Judge, Bangalore, in the suit in O.S. No. 7342 of 2008 rejecting his application-l.A. No. 1 filed under Order 39, Rules 1 and 2 of the Civil Procedure Code, 1908 for grant of an ad interim order of temporary injunction to restrain the defendant from producing, distributing and marketing the DVDs, and VCDs of the movies mentioned in the plaint schedule.

(2.) I have heard the learned Counsels appearing for the parties and perused the impugned order. Learned Counsel appearing for the appellant/plaintiff submits that there is a serious procedural irregularity in the proceeding before the Trial Court inasmuch as the defendant namely R. Rathan Roy did not appear before the Trial Court but the application-I.A.No. 1 was resisted by his brother namely R. Deepak Roy and no relief was sought against him. Learned Counsel further submits that even though R. Deepak Roy did not get himself impleaded in the suit, he was permitted to be represented by an Advocate. He submits that the Trial Court ought not to have permitted the Counsel to appear on behalf of R. Deepak Roy.

(3.) AT this stage, the learned Counsel appearing for the appellant/plaintiff fairly submits that the plaintiff has no objection to implead R. Deepak Roy as defendant 2 in the suit. He seeks permission to implead R. Deepak Roy as defendant 2 in the suit. He is permitted to do so.