IA Nos. 7706-07 of 2012 (Order I Rule 10 CPC)

1. These are two applications under Order I Rule 10 of the Code of Civil Procedure, 1908 (‘CPC’) seeking deletion of Defendants 1 and 3 respectively from the array of parties.

2. The background to these applications is that the aforementioned suit has been filed by M/s Blueberry Books, Plaintiff No.1, Mr. Ashish Gupta, Plaintiff No.2 and Mr. Jatin Mehta, Plaintiff No.3, all at New Delhi for a permanent injunction restraining the Defendants from infringing the copyright of the Plaintiffs in its stories (i) The Lazy Penguin; (ii) How The Rainbow Was Formed; (iii) The Greedy Fisherman and (iv) The Flower Goes For A Walk.

3. It is stated that in 2003, the Plaintiffs published a series of books under the name ‘Moral Stories’ Parts-I, II and III each containing four stories. Part-I contained the stories (i) Careless Tanu; (ii) The Merchant Learns A Lesson; (iii) Sejal’s Gift for Soni and (iv) Selfish Monu. Part-II contained the stories (i) The Greedy Fisherman; (ii) A Flower Went for a Walk; (iii) How The Rainbow Was Formed and (iv) Two Good Friends and Part-III contained the stories (i) The Cunning Jackal; (ii) The Lazy Penguin; (