DIAMOND POCKET BOOKS PRIVATE LIMITED Vs. PRASAD NYAS

JUDGEMENT

(1.) This is a suit for declaration, permanent injunction, rendition of accounts filed by Diamod Pocket Books Pvt. Ltd. and Punjabi Pustak Bhandar against Prasad Nyas, Prasad Prakashan and Rattan Shankar Prasad.

(2.) By order of this Court dated 29-7-88 and 27-10-88, defendants were directed to file their written statement No. written statement has been filed as directed by the Court. In this view of the matter, in terms of Order 8 Rule 10 of the Civil Procedure Code . if the defendants fail to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him or make such order in relation to the suit as it thinks fit upon such judgment, a decree shall be drawn up. There is yet another reason for adopting this course for pronouncing judgment against the defendants.

(3.) The plaintiff has filed the suit for declaration seeking a declaration that copyright to the works of late Shri Jai Shankar Prasad, who died on 15th November, 1937 has come an end 50 years from the beginning of the calendar year next following the year in which the author dies, in terms of Section 22 of the Copyright Act. The Copyright thus came to an end on lit January, 1988. The date on which the Calendar year begins 50 years after the author had expired.