LAWS(MPH)-1955-2-13

PREMADIB PICTURES Vs. NEW SOUND PICTURES

Decided On February 01, 1955
Premadib Pictures Appellant
V/S
New Sound Pictures Respondents

JUDGEMENT

(1.) THIS is first appeal by the defendants from a decree for Rs. 11,588 passed by the District Judge, Ujjain, against them in favour of the plaintiffs. The defendants are film producers known as Messrs. Prem Adib Pictures of Bombay. Defendant 2 Prem Adib is the sole proprietor of Messrs. Prem Adib Pictures. The defendants produced a film 'Dehati' and wanted that this film be distributed in Madhya Bharat, Madhya Pradesh, Berar and Rajputana through the plaintiffs, who are proprietors of New Sound Pictures, Madho Nagar, Ujjain.

(2.) THE defendants resisted the suit on several grounds; according to them, on behalf of the New Sound Pictures, Madho Nagar, the agreement was entered into by Baboolal Sarda, plaintiff 4 and one Narendra Dheer. But Narendra Dheer was not joined as a plaintiff and so there was non -joinder of necessary party. Tie defendant further alleged that the two persons represented to them that they were the only representatives of the New Sound Pictures, Madho Nagar, and plaintiff 2 Laxmansingh and plaintiff 3, Ram Prasad could not have been plaintiffs and the suit was, therefore bad for misjoinder of parties.

(3.) IN my opinion the question regarding the jurisdiction of the Ujjain court to try this case was important and ought to have been decided by the District Court as a preliminary issue. This would have saved much of the waste of time and energy of the Court and the parties. As I have formed my opinion upon the question of jurisdiction I do not think it proper to express any opinion on other points.