( 1 ) A dispute between two rival manufacturers of calendar date-pads (Dattas) has given rise to this appeal by the original plaintiff whose suit claiming copyright in the date-pad manufactured by him and complaining of infringment on the part of the respondents-defendants was dismissed by the learned Judge presiding other 6th Court in the City Civil Court Ahmedabad by his judgment and order dated June 15 1974 The appeal arises from a suit of 1972 which has been expedited by reason of the fact that even though the respondents-defendants have succeeded in the trial Court they have been restrained by way of interim injunction from manufacturing the date-pads. It has been expedited because if the appellant-plaintiff fails to establish that he has a copyright a temporary copyright for an interim period cannot be granted by the Court by granting an interim injunction restraining the other side from manufacturing date -pads which he has a right to manufacture in case there is no violation or infringement of the alleged copyright of the appellant-plaintiff.

( 2 ) BEFORE coming to grips with the facts a few general observations require to be made. It does not appear to be