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1. This is a review petition filed by Shri Fateh Singh Mehta under Order 47, Rule 1 C.P.C. seeking review of this Court's order dt. Feb. 16, 1987 passed in Civil Miscelleneous Appeal No. 9 of 1984 against the order-of District Judge, Jodhpur dt. Oct. 28, 1983 whereby this Court dismissed the appeal of Shri Fateh Singh Mehta and affirmed the temporary injunction granted by the District Judge against Shri Mehta and University of Jodhpur.

2. Facts leading to the filing of this review petition are that on July 31, 1982 Shri Om Prakash Singhal instituted Civil Suit No. 119 of 1982 against the University of Jodhpur. Shri Fateh Singh Mehta and Shri Murari Lal Mathur with the allegations that the plaintiff had obtained a degree in Master of Engineering (Mechanical) during the academic session, 1979-80 from the University of Jodhpur. In order to obtain that degree, a student apart from appearing in written examination and viva voce, has to submit a thesis on a selected special matter connected with the subjects after collecting the necessary data and materials and after carrying out experiments and research on the subject. The preparation of thesis involved the student's own skill, labour, intelligence and judgment and giving of the original expression of his thoughts in a concrete form on that subject. The plaintiff Shri O.P. Singhal selected for his thesis the subject "An Experimental Investigation of Swirling Flow in Cylinderical Chambers". The plaintiff conducted experiments and research on this subject and Shri Fateh Singh Mehta was his guide. After consulting several books, carrying out experiments and collecting data, the plaintiff completed his thesis and submitted the same to the University of Jodhpur. The thesis submitted by the plaintiff was accepted by the University for his M.E. Degree and on its basis the degree was conferred on the petitioner. It was alleged that the plaintiff was the author of this thesis and had copyright over its contents.

3. Shri Fateh Singh Mehta, who was Guide of the plaintiff in the preparation of the above thesis, had in the year 1968 applied to the University of Jodhpur for degree of Ph.D. For this degree an applicant has to carry out research work under the supervision of some other person. Shri Fateh Singh Mehta could not submit his thesis for many years and he applied for re-registration as a fresh candidate for Ph.D. some time in the year 1980-81 Shri Fateh Singh Mehta prepared a thesis bearing the subject "An Aerodynamic Study of Swirling Jets" and read his thesis on Oct. 9, 1981. Shri L.N.C. Agarwal, who was a professor in the Faculty of the Mechanical Engineering raised an objection that the thesis read over by Shri Fateh Singh was not his original research work but was largely and materially a copy of the research work which had been submitted by the plaintiff for his M.E. Degree in Mechanical Engineering. The plaintiff has alleged that Shri Fateh Singh Mehta had in his thesis verbatim copied various chapters, pages summary paras and conclusions from the thesis which had been submitted by him for his M.E. Degree in the Mechanical Engineering. The act of Shri Fateh Singh Mehta infringed the copyrights of the plaintiff. The plaintiff appended to his plaint Schedule 'A' in order to show the various chapters, pages and figures which had been (sic) by Shri Mehta from the thesis on the subject of "An Experimental Investigation of Swirling Flows in Cylinderical Chambers" which had been submitted by the plaintiff to the University of Jodhpur in connection with his obtaining of the M.E. Degree in Mechanical.

4. Along with the suit, the plaintiff submitted an application for temporary injunction under Order 39, Rule 2 and Section 151, C.P.C. for restraining the University of Jodhpur from conferring a degree on Shri Fateh Singh Mehta of Ph.D. on the basis of the thesis submitted by him on June 8. This application was opposed by Shri Fateh Singh Mehta by his reply filed on September 13, 1982 along with an affidavit. According to Shri Mehta, the plaintiff has only prepared a dissertation and not a thesis on the above subject. According to him, a student is required to submit a dissertation in partial fulfilment of the requirement of the Master's degree. He submitted that he had himself submitted a thesis for obtaining Ph.D. degree on June 8,1981 to the University of Jodhpur, but it was denied that his thesis or any substantial or material portion of it contained any literary theft or piracy or that it contained any re-production from any work in which the plaintiff had a copyright. Shri Mehta pleaded that no copy right existed in dissertation submitted by Shri O.P. Singhal plaintiff for obtaining his post Graduate Degree in Mechanical Engineering. It was further pleaded that he was Guide of Shri O.P. Singhal plaintiff and in his dissertation work the plaintiff had acknowledged with gratitute the expert guidance given to him by Shri Fateh Singh Mehta and also for his permission to use rig fabricated for his own Ph.D. work. It is stated that the plaintiff had no prima facie case and no injury would ensue to him. On the other hand, if an injunction was granted restraining the University from conferring the Degree of Ph.D. on Shri Mehta it would operate very harshly upon him. The balance of convenience was also in his favour. He, therefore, prayed for the dismissal of the application for temporary injunction. The District Judge, Jodhpur on Oct. 28, 1983 allowed the application of the plaintiff and granted a temporary injunction against the University of Jodhpur restraining it from conferring the Ph.D. Degree on Shri Fateh Singh Mehta on the basis of the thesis submitted by him. However, the University was allowed to complete other formalities required to be completed under the Jodhpur University Act and Ordinances in connection with the conferring of the degree. A temporary injunction was also issued against Shri Fateh Singh Mehta restraining him from reproducing his research work or permitting its reproduction by any one else.

"In doubtful cases where the question as to the legal right is one on which the Court is not prepared to pass an opinion, or the legal right being admitted, the fact of its violation is denied. The course of the Court is either to grant the injunction pending the trial of the legal right, or to order the motion to stand over until the legal right has been tried."

12. Before the trial court, there was report of Dr. K. Lingaiah, Professor and Head of Department of Mechanical Engineering and Principal, University Visveswaraya College of Engineering, Bangalore and he had stated that Shri Fateh Singh Mehta's thesis contains several reproductions from the thesis of the plaintiff. He has given details thereof in his report. Mere resolution of the 'Research Board, Faculty of Engineering at its meeting held on 22nd Nov. 1984 warning Shri Fateh Singh Mehta for not making due acknowledgments in his thesis of the material reproduced from the M.E. thesis of the plaintiff and asking him to submit the revised copy of thesis indicating due acknowledgments at proper places will not be material for the reason that no licence has been granted u/Section 30 of the Act by the owner of the copyright in favour of Shri Mehta. There is neither assignment copyright nor its relinquishment by the plaintiff.