JUDGMENT :

AMIT BANSAL, J.

I.A. 5070/2023 (O-XIVR-5 of CPC)

1. The present application has been filed on behalf of the plaintiff under Order XIV Rule 5 of the Civil Procedure Code, 1908 (CPC) to frame an additional issue.

2. Notice in the application was issued on 15th March, 2023 and reply has been filed on behalf of the defendant.

3. Following issues were framed on 28th November, 2019:

“i) Whether the defendant is infringing the copyright of the plaintiff in the plaintiffs songs, including the underlying literary and musical works contained therein? (OPP)

ii) Whether the defendant is stopped from challenging the rights of the plaintiff in the sound recordings and underlying literary and musical works of the cinematograph films forming the subject matter of the present suit? (OPP)

iii) Whether the plaintiff is entitled to any damages, if so, to what amount? (OPP)

iv) Cost.

v) Relief”

4. On 16th December, 2022, a Local Commissioner was appointed to record the evidence in the matter. Evidence by way of affidavit has been filed on behalf of the plaintiff, however, the evidence is yet to be