KAMLA PATTI KHATRI Vs. SHARDA PRAKASHAN AND OTHERS

JUDGEMENT

(1.) I. A. 10855/93 is filed by the defendant/applicant seeking permission of this Court to print and publish 500 more sets ot the book titled Bhutnath.

(2.) Plaintiff is the son of one Durga Prasad and grandson of Devki Nandan Khatri. Devki Nandan Khatri was a very well known and papular author. Amongst his works is a popular book titled "Bhutnath" in seven volumes. It the claim of the plaintiff that Devki Nandan Khatri, in fact, authored only the first two volumes of the book "Bhutnath" whereas the raining volumes from 3 to 7 were authored tyhisfatherDurga Dass Khatri. He, therefore, cairns copyright for printing and publishing volumes 3 to 7 as he has inherited the same tom his father. But in spite of his holding the said copyright in respect of volumes 3 to 7 of tie book "Bhutnath" the defendant was publishing the said volumes and infringing his ; copyright. He, therefore, has filed this suit for Kiting a decree of perpetual injunction to restrain the defendants from doing so.

(3.) In the said suit he had filed I. A. 5108/87 and had sought an ad interim injunction, in which an ex-parte order in favour of the plaintiff as passed on 10-9-1987. Thereafter, the present applicant/defendant appeared and filed an application under Rule 4 of Order XXXIX to modify and set aside the order passed in favour of the plaintiff on 10-9-1987. After hearing both the sides the Court was pleased to set aside the ex-parte order granting ad-interim injunction and had permitted the present applicant/defendant, by its order dated 6-10-1987, a publish 2200 copies of the book "Bhutnath", which were got printed by the defendant by holding that the claim of the plaintiff that his other was the author of volumes 3 to 7 could not be accepted without a detailed trial of the suit in view of the material produced by both fie sides at the time of the hearing of the said interim application. By the same order, passed on 6-10-1987, the present applicant was directed to furnish a security of Rs. 2,00,000.00 for publishing 2200 copies of "Bhutnath".