CS (OS) No.871/2012 Page 1 of 12

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HIGH COURT OF DELHI : NEW DELHI

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CS (OS) No.871/2012

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Order decided on : 30.03.2012

NIRMALJIT SINGH NARULA

..... Plaintiff

Through

Ms. Karnika Seth, Adv. with

Mr. Amit Seth & Mr. Lakshay

Sawhney, Advs.

versus

INDIJOBS AT HUBPAGES.COM & ORS ..... Defendants

Through

None

Coram:

HON'BLE MR. JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J.(Oral)

I.A. No.6040/2012(u/S 151 CPC for exemption)

This application has been filed by the plaintiff under Section

151 of CPC, seeking exemption from filing the original and or/fair

typed copies of the dim documents at this stage.

Heard. For the reasons stated in the application, the same is

allowed and eight weeks time is granted to file the clear copies of

documents.

The application is disposed of.

I.A. No.6041/2012(O 13 R 1 r/w S 151 CPC for exemption)

Heard. Allowed to all just exceptions.

2012:DHC:2231

CS (OS) No.871/2012 Page 2 of 12

The application is disposed of.

CS(OS) 871/2012

Let the plaint be registered as a suit.

Issue summons to the defendants, on filing of process fee

and registered AD cover within one week, returnable on 04.05.2012.

I.A. No.6038/2012(u/O XXXIX, R.1 & 2 CPC)

1.

Issue notice for the date fixed.

2.

The Plaintiff claims that he is a highly revered spiritual

guide, renowned worldwide for his spiritual discourses as “Nirmal

baba”. He is known for his spiritual teachings and healing powers and

he regularly conducts assemblies across India called „Samagams‟

wherein, he interacts with his followers and offers spiritual guidance.

His preachings are telecasted by over 30 television channels on a daily

basis including Sony TV and Aajtak, SAB and IBN7. He claims that

he has lakhs of followers in India and abroad and plaintiff‟s website

www.nirmalbaba.com is visited by over one million followers in a

month. Hence, he is a person with considerable reputation to protect.

3.

The defendant No.1 is a „hubber‟,which means a person or

entity that is registered as a writer who writes articles on any topic on

the defendant No.2‟s website, www.hubpages.com where defendant

No.2 provides webspace and technology to publish the content written

by a hubber.

4.

There is a commercial arrangement of earning on the

website between every hubber including defendant No.1 and the

2012:DHC:2231

CS (OS) No.871/2012 Page 3 of 12

defendant No.2 through online advertising. Defendant No.2 states

clearly on its website‟s Frequently asked questions under the heading

“Making Money on Hubpages”, that money is earned through online

advertising (Google AdSense and the HubPages Ad Program) and/or

affiliate referrals (displayed in the form of Amazon and eBay

Capsules). Each time a visitor views one of the Hubs, the website of

defendant No.2 displays ads. According to the plaintiff, 60% of the

time, these ads can generate revenue for hubber, and 40% of the time,

the ads can generate revenue for the defendant No.2 if a hubber has

registered for the program.

5.

Defendant No.1 is registered as a hubber on defendant

No.2‟s website using the name “ Indijobs”. Defendant No.1 has written

many articles on the website with a view to generate webtraffic leading

to earnings for itself through online advertising programs including

Google Adsense. As per the case of the plaintiff, recently it came to

his notice that defendant No.1 has deliberately written defamatory

articles about the plaintiff on the website with malafide intent of

attracting followers of the plaintiff on the website and making unlawful

earnings through online advertising, thereby, causing serious damage to

the reputation of the plaintiff.

6.

As per the plaintiff, the defendant No.1 has written a false

and d