Mishra, J.

This appeal is directed against a judgment of a learned single Judge of this Court under which he has decreed the suit in part for declaration and rendition of accounts only with proportionate costs.

2. The plaintiff/respondent herein instituted a suit in the City Civil Court being O.S.No.10529 of 1976 for a declaration that the plaintiff alone is entitled to the negative rights of a Tamil talkie film “Kai Kodutha Deivam” in all its versions in respect to the entire world excluding certain specified territories. He, however, filed another suit viz., CS.No.l24 of l980 on the Original side of this Court for the relief of declaration common to the suit in the City Civil Court and for rendition of accounts and payment of special damages tot he tune of Rs.5,000 by defendants 1,2 and 4 to 9. The first defendant in C.S.No. 124 of 1980 filed a suit in the City Civil Court being O.S.No.291 of 1979, which was transferred to this Court for being tried along with C.S.No.124 of 1980 (renumbered as C.S.No.48 of 1985). This suit was also for rendition of accounts in respect of the sale and production of a movie picture in Telugu and Malayalam versions and for permanent inju