K.A.PUJ - (1.) The present revision application is filed against the order passed by the ld. Civil Judge (SD) Valsad on 31.7.2000 in an application below ex. 24 in Special Civil Suit No. 195 of 1997 whereby the application filed by the present petitioner/defendant no. 4 for dismissal of the suit for non compliance of the order dated 31.3.1999 passed by the ld. Civil Judge (SD) Valsad in an application under Order 6 Rule 5 of CPC seeking further and better particulars from the present respondents no. 1 to 3-ori. plaintiffs, is rejected.
(2.) The brief facts giving rise to the present revision application are as under:
(3.) That the respondent no. 4 in the present revision application who is the original defendant no. 1 had allegedly published a report in November 1996 Authored by Mr. Bob Edward and Dr.David Santillo on the chlorine Industry and its related pollution entitled "The Stranger". The respondent no. 1 being one of the firsts producing Chlorine etc. was mentioned in the said report. The respondent no. 1 was aggrieved by the following specific observations made in the said report: "Vapi is home to Chemie Organics described by Green Peace Scientist Dr. David Santillo, as possibly the worst piece of Chemical Plant I have ever, and will ever, set eyes on." He was unable to sample what appeared to be the main Effluent Channel because there were too many workers queing to wash themselves and their tools in it. However, as a sample of sludge from an open ditch on site revealed a host of highly toxic, persistent organochlorines apart from the ubiquitous chlorobenzines, the sludge also contained high levels of monoddi and trichlorobiphenyis (i.e. PCB) chlorinated terphengys and hexachloricyclohexans. The full list reads like a guide to the most dangerous organochlorines. Any responsible regulatory authority would shut down this plant immediately.";