( 1 ) BOTH the advocates submitted that the appeal itself may be disposed of on final merits. Accordingly, arguments on the final merits of the appeal are heard and the appeal is disposed of finally.

( 2 ) THIS is an appeal by defendant-5 against the order dated 12-8-1986 passed by the XI additional City Civil Judge, Metropolitan Area, Bangalore City, in O. S. No. 2055 of 1986, allowing. A. No. 1 filed by the plaintiff under Order 39 Rules 1 and 2 C. P. C.

( 3 ) THE plaintiff filed the suit alleging that defendant-5 bad made on the floor of the House a defamatory statement and that even thereafter he has been persisting in making public statements impeaching the character, integrity and honesty of the plaintiff. Hence he filed the suit seeking an injunction restraining the defendant No. 5 from making defamatory statements.

( 4 ) THE suit was resisted by defendant-5.

( 5 ) THE plaintiff filed. A. No. 1 under Order 39 Rules 1 and 2 C. P. C. It was also resisted by defendant-5.

( 6 ) THE trial Court on circumspection of the material, granted the temporary injunction. Hence the appeal.

( 7 ) THAT a statement similar to the one found in Hindustan Times Weekly, Sunday