1. Heard. Admit. Taken up for final disposal with the consent of the learned Counsel for the rival parties.

2. This appeal was taken up for final disposal with the consent of the Counsel for the rival parties in view of the fact that application under Order VII Rule 11 of the Code of Civil Procedure filed by the respondent/defendant was allowed and consequently, the appellant contended that he stands without any remedy.

FACTS

3. The appellant is the original plaintiff, who filed Special Civil Suit No.3/2010 in the Court of District Judge _ 5, Nagpur under Section 60 of the Copyright Act, 1957 for declaration and permanent injunction. He averred that he developed a software to facilitate the professionals like Income Tax Advocates, Chartered Accountants, Sales Tax practitioners, Accountants in their professional work. The objective is to facilitate automatic preparation of return, namely form No.231 to 324, to validate 'E3 returns' with inbuilt validation, utility and auto calculation facility etc. amongst so many other functions and programmes developed in the said software. It was processed since the year 2005 and finally was launched in the market in the year 2007. The