S.R. Bhargava, J. - (1.) This appeal is directed against order dated 11th July, 1988, passed by Link Officer of Civil Judge, Agra in Original Suit No. 782 of 1988, staying ex parte injunction order dated 8th July, 1988.
(2.) Plaintiff-appellant is an author of some Psychology books. Respondents are publishers. Plaintiff-appellant entered into agreement with the respondents or some of them for publication of his books. In the said Agreement certain royalty was made payable to the plaintiff-appellant. It is said that in June, 1986 plaintiff-appellant served notice upon the respondents terminating the agreement. He called upon respondents to render accounts. Ultimately on 8th July, 1988 plaintiff-appellant filed suit for accounting and injunction. In the plaint he alleged breach of the agreement and infringement of his copyright. With the plaint he presented application for ad interim injunction. Link Officer issued notice and meanwhile further issued ex parte injunction restraining the defendants from publishing printing or selling his books. It appears that on 11th July, 1988 defendants moved application for vacating the ex parte injunction. Link Officer noted that defendants counsel gave undertaking not to print, publish and sell any book in dispute till 13.7.1988. Link Officer directed that case be put up on 13.7.1988. Meanwhile he stayed operation of order dated 8.7.1988. It is significant to note that the ex parte injunction issued on 8.7.1988 was to operate only till the next date which was 2.8.1988. Then it appear that from 12th July, 1988 Civil Court employees proceeded on strike. They called-off the strike on 29 or 30 July, 1988. But again went on token strike on 10.8.1988. Strikes paralysed the work in the Civil Court and so the injunction application could not be disposed of. It further appears that the parties took time for exchanging affidavits. Suit was transferred to 2nd Additional, Civil Judge.
(3.) Appellant came to this Court and ex parte injunction was issued. Notices were issued to the respondents. They filed application foil vacating ex parte injunction. Appellant filed rejoinder affidavit. Parties have been heard at this stage and so appeal is being disposed of at this stage.;