(1.) THIS civil revision by defendant no. 1 is directed against order dated 2.1.96 passed by the 1st Subordinate Judge, Patna, in Title Suit No. 468 of 1995 rejecting his petition to reject the plaint or in the alternative to return it to the plaintiff for presentation in the proper court under Order VII Rule 11 (a) & (d) and Rule 10 of the Code of Civil Procedure.
(2.) THE plaintiff -opposite party has filed the aforementioned suit for declaration that he has acquired the proprietory rights with respect to Shree Vishwa Hindu Panchang and the defendants have no right to make any interference with its publication or making any propaganda in connection thereof, and also for injunction in that regard.
(3.) SHORTLY stated the plaintiff's case is that his grand -father Late Sunderlal Jee Indurkhya started publishing and selling books on religious as well as text books in the name of M/s Narbada Printing Works. Carrying the heritage the plaintiff and the defendants, who are members of the same family (in fact, defendant no. 1 is the father), started publishing a Panchang (almanac) in the name of "Vishwa Hindu Panchang". The business of publication of the said Panchang flourished by dint of hard labour and skill of the plaintiff. The profit of the business used to be distributed amongst the plaintiff and the defendants. However, dispute arose in course of time. The defendants created a situation in which the plaintiff had no option but to leave Jabalpur and start living at Patna. In October, 1992 he started the business of publishing and selling Panchang in the name of Shree Vishwa Hindu Panchang. The publication was to the full knowledge of the defendants as well as customers, purchasers and users. The defendants never objected to the publication of Shree Vishwa Hindu Panchang. They purchased copies thereof from the plaintiff to fulfil their requirements. According to the plaintiff the colour, text matter, design, get up etc. of Shree Vishwa Hindu Panchang is different from those of Vishwa Hindu Panchang published and sold by the defendants. As the plaintiff's business grew, the defendants became jealous and with a view to harass and harm his business, started informing the plaintiff's customers that Shree Vishwa Hindu Panchang was duplicate and its publication was illegal. In these circumstances, the suit was filed.