KENNY BRUNO Vs. CHEMIE ORGANICS

JUDGEMENT

(1.) The defendant no. 5 of the Civil Suit no. 195/97 filed before the Civil Judge (S.D.), Valsad has filed this Civil Revision Application under Sec. 115 of the Civil Procedure Code against the order dated 31.7.00, whereby his application to strike out his name from the array of defendants given under Order 1 Rule 10(2) of Civil Procedure Code came to be rejected.

(2.) According to Mr.Raj Panjwani L.A. for Mr.Bushan Oza L.A. for the petitioner, the Special Civil Suit No. 195/97 was filed by M/s Chemie Organics and others in the court of Civil Judge (S.D.), Valsad to recover the damages on account of publication of certain observations made in the report by name "Stranger" by Green Peace International and Others, New Delhi. The defendant no. 5/present petitioner has been joined as a party-defendant on the averment made in the plaint that "the defendant no. 5 has played active role in circulation of the stranger which includes defamatory article" as stated in para 2 of the plaint.

(3.) According to the learned counsel for the petitioner/defendant no. 5, he is neither author or publisher or printer of the book but his name has been shown as one of the contributors. According to the learned counsel for the petitioners, the concerned paras for which the present petitioner has been sued is reproduced below and appears on page 61 of the book which reads as under :