JUDGMENT :

The present Appeal is directed against the Order dated 05.12.2014 passed by the XVIII Additional City Civil Judge, Bengaluru, CCH-10, in O.S.No.617/2013 on I.A.No.4 filed by defendants under Section 60 of Copyright Act, 1957 r/w Order VII Rule 11(d) of the Code of Civil Procedure, whereby the plaint came to be rejected by allowing the application.

2. For the sake of convenience, parties are referred to as plaintiffs and defendants as per their original ranking before the Trial Court.

3. Shorn of unnecessary details, facts in brief for disposal of the present appeal are as under:

Plaintiff filed the suit before the Trial Court under Section 60 of the Copyright Act r/w Section 26 further r/w Order VII Rule 1 of the Code of Civil Procedure, with the following prayer:

“WHEREFORE, the plaintiff named above prays that this Hon’ble Court be pleased to pass a judgment and decree in favour of the plaintiff and against the defendants jointly and severally as under:

(i) DECLARE that the infringement of the copyrights as alleged and illegally threatened by the defendants in the letters dated 30.11.2012, 19.12.2012 and 26.12.2012 and further the legal notices dated 30.12.2012 and 31.12.201