- (1.) U. S. Tripathi, J. This second appeal has been directed against the judgment and decree dated 29-5-2002, pased by the Special Judge, SC/st Act/addl. District Judge, Court No. 13, Bulandshahr in Civil Appeal No. 58 of 2002, dismissing the appeal of the appellants and confirming the judgment and decree, dated 4-4-2002, pased by II Civil Judge, (Jr. Division), Bulandshahr in Original Suit No. 34 of 2002 by which the suit of the appellants was decreed.
(2.) RESPONDENT No. 1 filed Suit No. 34 of 2002 against the appellants for declaration that he had got fundamental right to write, get published and sell the books given in the schedule at the foot of the plaint and those books are not forged and for permanent injunction, restraining the appellants and their subordinate officers from searching the premises of booksellers, where those books are exposed for sale or the printers or publishers and seizing the stock of books. The case of the respondent, briefly, stated was that he was writer of the books given in the schedule of the plaint and got above books sold by getting it published from the publishers. The above books are helpful to the students for understanding the subject and their success in the examination is increased by reading those books. None of the books given in schedule are notified in the list of "course Book" as required by U. P. Course Books Act, 1978. The writing, printing and publishing of the above book are also not done with the approval of the State Government. The appellants extended threats to seize the above books with the help of police declaring them as invalid and forged. The defendants/appellants contested the suit mainly on the ground that the writing, printing and publishing of the guide books and helping books is illegal and prior approval of the State Government is required in this regard. Though the books in question were not specified or referred to in the notification under Section 7 of the U. P. Course Books Act, 1978, yet those books are parallel to the books approved by the State Government as course books. The respondent, therefore, had no right to write, print and publish the said books. Legal pleas of bar of suit under Order VI, Rule 4, Order VII, Rule 11 CPC. Sections 80, 10, Order II Rule 2 CPC. Sections 34, 38, 48 Specific Relief Act and Section 18 of Course Books Act were also raised.
(3.) THE trial Court framed necessary issues and on considering the evidence of parties held that the books in the schedule of the plaint were neither forged, nor fictitious, nor approval of the Government for printing and publishing the above books was required. THE above books were not mentioned in the notification under Section 7 of the U. P. Course Books Act and there is no provision prohibiting printing and publishing of the above books. THE other legal pleas were decided against the defendants/appellants. With these findings the trial Court decreed the suit. Aggrieved with the above judgment and decree of the trial Court the appellants filed Civil Appeal No. 58 of 2002. The lower appellate Court on reappraisal of the evidence of the parties held that there is nothing on record to prove that printing and publishing of those books was prohibited by any order or notification of the Government. Since those books are also not mentioned in the notification issued under Section 7 of U. P. Course Books Act and those books were not forged and fictions and therefore, the restrictions laid down in the U. P. Course Books are not applicable to those books. It further held that the books in question were not the course books and even if those are treated as guide books, helping books or question answers no prohibition has been laid by the State Government and, therefore, the appellant could not put any restriction on printing and publishing the books in question. With these findings the lower appellate Court dismissed the appeal and confirmed the judgment and decree of the trial Court.;