GAMA PRASAD AGARWALLA AND ANR. Vs. NABAHASH GOSWAMI AND ORS.

JUDGEMENT

(1.) THIS is an appeal by the principal Defendants. There is an institution known as the 'Nowgong Natya Samity which is also known as the 'Nowgong, Dramatic Club'. Plaintiff No. 1 was a member and the Chairman of the said institution and Plaintiff No. 2 was at the relevant time a member and the General Secretary of the Samity. Plaintiff No. 3 who was also a member of the club, was subsequently added by the order of the District Judge, Lower Assam Districts, Gauhati. The suit has been brought in the representative capacity, the Plaintiffs representing all the other members of the club.

(2.) THE defence taken was that the Defendants did not infringe the copyright. The drama was written by the Defendants and the suit as framed was not maintainable.

(3.) IN this appeal the findings of the court below have been assailed. The first point urged is that the Plaintiffs have no copyright and thus they have no right to bring the suit either for the recovery of damages or for injunction secondly it is urged that the picture has been based on the drama written by the Defendants and it is not a copy of the drama printed by the Plaintiffs.