PHONOGRAPHIC PERFORMANCE LIMITED Vs. M/S. SPRING CLUB

JUDGEMENT

(1.) The Defendants No. 1 and 2 have, by the present application, sought rejection of the plaint under Order VII Rule 11 (a) & (d) of the Code of Civil Procedure (hereinafter referred to as the CPC). As per the applicants, the suit of the plaintiff is barred by law inasmuch as the plaintiff is neither residing nor carrying on business or works personally within the local limits of this Court. As per the applicants, the plaintiff only has a branch office within the territorial jurisdiction of this Court and none of the defendants are based or have any place of business within the territorial jurisdiction of this Court and the impugned acts for which the reliefs is sought have alleged to have taken place outside the territorial jurisdiction of this Court. The second ground pleaded is that no cause of action has ever arisen against the defendants and the plaint does not disclose cause of action against the Defendants.

(2.) It is the settled proposition of law that while deciding an application under Order VII Rule 11, it is only a plaint that has to be examined to ascertain whether a cause of action is disclosed or not and also whether the suit is prima facie barred by any law. The court has to look into the averments in the Plaint and the pleas and defence of the defendants in the Written Statement are not relevant for the purpose of deciding an application under Order VII Rule 11. (CHURCH OF CHRIST CHARITABLE TRUST AND EDUCATIONAL CHARITABLE SOCIETY VERSUS PONNIAMMAN EDUCATIONAL TRUST, 2012 8 SCC 706).

(3.) The suit of the Plaintiff is for infringement of copyright under the Copyright Act, 1957 (hereinafter referred to as 'the Act'). Jurisdiction to try a civil Suit is conferred on a court by Sections 15 to 20 of the CPC. Under Sections 15 to 20 of the CPC a civil suit can be filed at a place where the subject matter is situated, where the defendants reside or where the cause of action has arisen. Section 62 of the Act additionally confers jurisdiction on a Court within the local limit of which the plaintiff actually and voluntarily resides or carries on business or personally works for gain.