JAVED AKHTAR Vs. LANA PUBLISHING CO PVT LTD

JUDGEMENT

(1.) The plaintiff is a well known film script writer. In the issue of a magazine called "Star Dust" for the month April 1987 an article has been published by defendants 1 to 4 on the plaintiff and his wife who is a well-known film star. The article makes comments on the plaintiff and his wife which, according to the plaintiff, are highly defamatory. The plaintiff has claimed damages of Rs. 25 lakhs for defamation.

(2.) A substantial part of the article consists of "reporting" of comments made by various parties on the life style of the plaintiff and his wife. The persons who are alleged to have made these comments are variously referred to in the article as "Star wife", "industrywalla", "Industrywallis", and "Unitwall" of film Unit of Mr. India". One of the persons who is supposed to have made these comments is referred to by name in the article. He is joined in the suit as defendant 5. In the present Chamber Summons the plaintiff wants defendant 3, Nishi Prem, who is the author of this article to disclose on affidavit the names of these persons referred to as "Starwife", 'Industrywalla,' 'Industrywallis' and 'Unitwall' of the film unit of Mr. India." Whose comments are said to have been reproduced in the article.

(3.) Order XI Rule 1 of the Civil P.C. deals with discovery by interrogatories. Every party is entitled to administer interrogatories to know the facts which constitute the opponent's case. But he cannot obtain disclosure of evidence by which the opponent hopes to prove his case. He cannot ask for the names of the opponent's witnesses. A party is also not entitled to administer interrogatories for obtaining discovery of facts which constitute exclusively the evidence of his adversary's case. Interrogatories are permissible in connection with one's own case, for example, for obtaining admissions or they may be aimed at impeaching or destroying the adversary's case.