FATEH SINGH MEHTA Vs. O P SINGHAL

JUDGEMENT

(1.) This is a review petition filed by Shri Fateh Singh Mehta under O.47, R.1 C.P.C. seeking review of this Court's order dt. Feb. 16, 1987 passed in Civil Miscelleneous Appeal No. 9 of 1984 against the order of District Judge, Jodhpur dt. Oct. 28, 1983 whereby this Court dismissed the appeal of Shri Fateh Singh Mehta and affirmed the temporary injunction granted by the District Judge against Shri Mehta and University of Jodhpur.

(2.) Facts leading to the filing of this review petition are that on July 31, 1982 Shri Om Prakash Singhal instituted Civil Suit No. 119 of 1982 against the University of Jodhpur. Shri Fateh Singh Mehta and Shri Murari Lal Mathur with the allegations that the plaintiff had obtained a degree in Master of Engineering (Mechanical) during the academic session, 1979-80 from the University of Jodhpur. In order to obtain that degree, a student apart from appearing in written examination and viva voce, has to submit a thesis on a selected special matter connected with the subjects after collecting the necessary data and materials and after carrying out experiments and research on the subject. The preparation of thesis involved the student's own skill, labour, intelligence and judgment and giving of the original expression of his thoughts in a concrete form on that subject. The plaintiff Shri O.P. Singhal selected for his thesis the subject "An Experimental Investigation of Swirling Flow in Cylinderical Chambers". The plaintiff conducted experiments and research on this subject and Shri Fateh Singh Mehta was his guide. After consulting several books, carrying out experiments and collecting data, the plaintiff completed his thesis and submitted the same to the University of Jodhpur. The thesis submitted by the plaintiff was accepted by the University for his M.E. Degree and on its basis the degree was conferred on the petitioner. It was alleged that the plaintiff was the author of this thesis and had copyright over its contents.

(3.) Shri Fateh Singh Mehta, who was Guide of the plaintiff in the preparation of the above thesis, had in the year 1968 applied to the University of Jodhpur for degree of Ph.D. For this degree an applicant has to carry out research work under the supervision of some other person. Shri Fateh Singh Mehta could not submit his thesis for many years and he applied for re-registration as a fresh candidate for Ph.D. some time in the year 1980-81 Shri Fateh Singh Mehta prepared a thesis bearing the subject "An Aerodynamic Study of Swirling Jets" and read his thesis on Oct. 9, 1981. Shri L.N.C. Agarwal, who was a professor in the Faculty of the Mechanical Engineering raised an objection that the thesis read over by Shri Fateh Singh was not his original research work but was largely and materially a copy of the research work which had been submitted by the plaintiff for his M. E. Degree in Mechanical Engineering. The plaintiff has alleged that Shri Fateh Singh Mehta had in his thesis verbatim copied various chapters, pages summary paras and conclusions from the thesis which had been submitted by him for his M.E. Degree in the Mechanical Engineering. The act of Shri Fateh Singh Mehta infringed the copyrights of the plaintiff. The plaintiff appended to his plaint Schedule `A' in order to show the various chapters, pages and figures which had been (sic) by Shri Mehta from the thesis on the subject of "An Experimental Investigation of Swirling Flows in Cylinderical Chambers" which had been submitted by the plaintiff to the University of Jodhpur in connection with his obtaining of the M.E. Degree in Mechanical.