NILADRI NATH MUKHERJEE Vs. MADAN THEATRES LTD,

JUDGEMENT

(1.) This is another suit by the three grandsons of Rai Bahadur Bankim Chandra Chatterjee who were the plaintiffs in Suit No. 2400 of 1930, Niladri Nath Mukherjee V/s. Satish Chandra Mukherjee AIR 1931 Cal 668, for the recovery of damages for infringement of copyright. The facts are not in dispute. Counsel for the plaintiffs handed in to me a chronological list of events which was admitted by counsel for the defendants and which I have directed should be kept on the file. The issues submitted in this suit were practically the same as in suit No. 2400 of 1930 and were the following:

(2.) (1) Have the plaintiffs any interest in the copyright in any of the books mentioned in the plaint? (2)Has the defendant company infringed the plaintiffs copyright as alleged in para. 5 of the plaint? (3) Is the suit barred by limitation? (4). What reliefs, if any, are the plaintiffs entitled to? (5). Is the suit maintainable having regard to the fact that the plaintiffs do not claim any right or declaration of title to property?

(3.) By my judgment in the last suit I have held that the plaintiffs are entitled to the copyright claimed along with defendant 2 and I decided the issues as to maintainability of the suit and limitation in favour of the plaintiffs. Counsel for defendant 1 in this suit intimated to me at the outset that so far as those issues were concerned he would not advance further argument as he had been following the arguments in the last case. Issues (1), (3) and (5) are decided in favour of the plaintiffs.