High Court holding for relief of declaration to be granted by District Court.

ORDER :- This civil revision petition is filed against the fair and final order of the learned District Judge of Salem passed in C.M.A. No.17 of 1981, which itself is an order in the civil miscellaneous appeal arising from the judgement of the learned District Munsif of Salem in O.S. No.2136 of 1979 directing the return of the plaint in O.S. 2136 of 1979 on the file of the court of the District Munsif of Salem for presentation to the proper court. The respondent herein who is the plaintiff in O. S. 2136 of 1979, is a film distributor. The negative right of the Tamil talkie film called 'Petralthan Pillaya' was sold to one Mrs. Saraswathi, who was doing the business under the name and style of M/s. Saraswathi Film Circuit. She had every right to deal with the distribution of the said film. On 26-10-1978, the said Saraswathi and the respondent herein (the plaintiff in the suit) entered into an agreement by which she leased the right to exhibit the said film in the Revenue districts of Salem and Dharmapuri, for a period of 99 years from 1-1-1979 for proper and valuable consideration. According to the said agreement the respondent herein was entitled to make his own arrangements for the required number of prints necessary for the exhibition and exploitation of the said picture. To enable the respondent herein to obtain necessary print the said Saraswathi had passed a letter addressed to Messrs Vijaya Productions (P.) Ltd., Madras 26, requesting them to print and supply the required number of prints to the respondent herein at his own cost and she had granted the leasehold right of the said picture. When the civil revision petitioner, who is the defendant in the suit, made an attempt to release the same picture and when the respondent herein approached the civil revision petitioner to know his rights, he did not say anything except saying that he is going to release the picture. Since the attempt on the part of the civil revision petitioner trying to release the picture is unlawful the respondent herein filed a suit in O.S. No.2136 of 1979 for a declaration and permanent injunction in respect of the abovesaid picture. The contention of the civil revision petitioner, who is the defendant in the suit, is that the suit is not maintainable and the District Munsif Court had no jurisdiction to try the suit. The existence of the very agreement between Saraswathi and the respondent herein is challenged by the civil revision petitioner. The learned District Munsif tried issue No.1. viz., whether the District Munsif Court has no jurisdiction, as a preliminary issue and accepted the contention of the civil revision petitioner, the defendant in the suit, that as per Section 62 of the Copyright Act, 1957, hereinafter referred to as the Act, the suit ought to have been instituted only in the District Court and ordered the return of the plaint. As against the order of the learned District Munsif, returning the plaint the respondent herein, who is the plaintiff in the suit, filed an appeal in C.M.A. 17 of 1981, on the file of the court of the District Judge of Salem. The learned District Judge taking the view that the adjudication in the suit relates to the question as to whether the alleged agreement in favour of the plaintiff or the alleged agreement in favour of the defendant is to prevail, that the suit is only a civil action which does not call for adjudication under the provisions of the Act and in the suit neither the question of passing off nor limitation nor any other question relating to Copyright is involved, set aside the order of the learned District Munsif and directed the District Munsif to dispose of the suit in accordance with the law. As against the said decision of the learned District Judge, this civil revision petition is filed.

2. Before entering into a discussion regarding the matter in issue it will be useful to refer to the relevant provisions of the Copyright Act. S.13 of the Act, which deals with the works in whic