T.V. Ramakrishnan, J.

The staging of drama "Ningal Enne Communistakki" (here in after referred to as 'the Counter drama') written by appellant No.1 Mr. Civic Chandran has been restrained by an interlocutory order of injunction issued by the learned Additional District Judge-I, Mavelikarain O.S.1/1995 pending before him. The ground on which the order has been issued is that the staging of the said drama would prima facie constitute infringement of the copy right of the famous drama "Ningal Enne Communistakki" (hereinafter referred to as "drama") written by late Mr. Thoppil Bhasi, one of the well known playwrights whose legal representatives are the plaintiffs in the suit and the respondents in the appeal. Aggrieved by the order, defendants 1,4 and 5 have filed this appeal. The question to be considered is whether the order under challenge is legally sustainable in the facts and circumstances of the case and in the light of the legal principles required to be followed while granting interlocutory order of injunction in cases like the one on hand.

2. Briefly stated, the relevant facts are thus: "Ningal Enne Communistakki" is a well known drama written in 1952 by late Thoppil