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1987 Supreme(Bom) 307

M.L.PENDSE, M.P.KANIA
Nishi Prem – Appellant
Versus
Javed Akhtar & others – Respondent


JUDGMENT - PENDSE M.L., J.:-This is an appeal preferred by original defendant No. 3 against the order dated July 14, 1987 passed by the learned Chamber Judge directing defendant No. 3 to disclose on affidavit the names of persons to whom the reference is made under the article written by defendant No. 3 and published in the issue of April 1987 of magazine “Star Dust”. The facts relevant for the purpose of understanding the controversy in this appeal are as follows:

2. The defendant No. 3 has written an article under the title “Queen Quartet” and the article is published in April 1987 in the magazine and the article relates to the plaintiff and his wife who is a film artist. The plaintiff claims that the article is per se defamatory and the statements and suggestions made in the article are false to the knowledge of defendant No. 3. The article is published in a film magazine which is published in three languages: (1) English, (2) Hindi, and (3) Gujarathi and defendant No. 2 is the editor of the magazine. We refrain from setting out the contents of the article save and except observing that the author claims that she had over-heard certain conversation at a gathering and thereafter



























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