JUDGEMENT
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(1.)THIS appeal has been preferred against the order dated 7-10-2002 whereby the suit of plaintiff has been dismissed under Order VII, Rule 11 (a) of the Code of Civil Procedure, 1908 (in short, "the CPC" ). According to the Trial Court, as the plaint does not disclose any cause of action, as such, by invoking the provisions of Order VII, Rule 11 (a), CPC, the suit has been dismissed.
(2.)THE plaintiff/appellant filed a suit for prohibitory injunction on the averment that on coming to know through the programme "the week in business", telecast by D. D. 2 Metro Channel of Doordarshan on 9-7-2001 at 8. 00 A. M. that the defendant No. 1 is launching an international chassis numbering system for mobile phones, which is a technology based on "zero", without actually using "zero". According to the plaintiff, by this technology, it is claimed that the mobile phones could be locked in case of theft and loss. In the plaint, it has been further pleaded that the plaintiff has adopted a new method of counting system which can identify "zero" by the use of numbers in any one quadrant of a circle and this method can identify and convert it into a round figure. This system works on a zero-less scale on the graph meaning that the system does not use zero for the purpose of counting and only on the basis of placement of figure in any one quadrant of the graph, a value is assigned to it. The plaintiff claimed his copy right on this method under the Copyright Act, 1957 and the title of the work of the plaintiff's is "y2k (SANKRANTI)". As defendant No. 1 is going to adopt/launch the said method for mobile phones, it would violate the plaintiff's Copyright and the defendant No. 1 intends to violate the same. The plaintiff served a notice on defendant No. 1 on 30-8-2001 by Fax calling upon it to abstain from introducing the international mobile phone chassis number system which infringes the plaintiff's registered Copyright, On the basis of these pleadings, the plaintiff prayed the following reliefs in the plaint :-
" (1) to prohibit the defendant No. 1 from launching zero-based international chassis numbering system for mobile phones without a permission being obtained from the plaintiff; (2) to grant any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case to the plaintiff; and (3) Costs of the suit be awarded. "
(3.)THE Trial Court without issuing notices to the defendants dismissed the suit under Order VII, Rule 11 (a), CPC. The plaintiff has, thus, come up in this appeal.
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