SANTRA PUBLICATION Vs. JIBESH GUHA

JUDGEMENT

(1.) F.M.A.T. 1817 of 2009 is tendered against judgment and order dated November 24, 2009 passed by the learned Judge, Eighth Bench, City Civil Court at Calcutta in Title Suit no. 3292 of 2009. The defendant nos. 1 and 2 are the appellants in this appeal.

(2.) The defendant no. 3, also, prefers an appeal against the said order, which is tendered under F.M.A.T. no. 1838 of 2009.

(3.) Both the appeals are heard analogously to avoid conflicting judicial opinions. By impugned order dated November 24, 2009, the learned trial judge allowed an application under Order 39, rules 1 and 2 read with Section 151 of Civil Procedure Code filed by plaintiffs in Title Suit no.3292 of 2009 and restrained the defendants from publishing, releasing, selling, distributing, advertising and/or to deal with the book 'Adhunik Jibavidya' for Class XII in any manner till disposal of the suit. The plaintiffs in the said suit, inter alia, prayed for declaration that plaintiff being author and copyright holder of the book 'Jiba Vidya' in respect of Botany part/portion of the said book, was alone entitled to release his book through publisher and the said part/portion of the book could not be published, sold, distributed, advertised for sale by other publisher by making any variation of the name of the book containing the said Botany part/portion or any portion relating to Botany part/portion.