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Subhash Kapoor & Ors. vs. Chandrabhan Singh Rathore & Ors.

52.00 5.20

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Code of Civil Procedure, 1908–Order 7, Rule 11–Cinematograph Act, 1952–Secs. 7(f) & 5B–Suit for granting the injunction for restricting the respondent-film makers to shoot the scenes in accordance of the image of judiciary–Maintainability of the suit before the Civil Court and maturity of it–CBFC grants the certificate for exhibition of film which involves defemation or contempt of the Court–Then, the plaintiff has a right to approach the Appellate Tribunal constituted u/s. 5D of the Act–Though the suit is not expressly barred under the provisions of Sec. 7E of the Act, yet the provision impliedly bars institution of a civil suit before completion of the process as mandated in relation to production of any film–Alleged cause of action about prayer clause (A) & (C) is premature–Application under Order 7, Rule 11 deserves to be allowed.