JUDGMENT :- The relief sought in both these suits is the same, namely, injunction arising out of an alleged infringement of copyright with other ancillary reliefs such as damages, accounts etc. The two suits have been tried together because of certain questions of law which arise in them but as the facts are necessarily different they have to be set out separately.

2. C. S. No. 54 of 1955 : The plaintiffs are Messrs. Macmillan and Co. Ltd. while the defendants are a firm of publishers carrying on business in Madras under the name and style of "The Little Flower and Co." Madras. The plaintiffs claimed that they were entitled to the copyright by assignment in respect of two works (1) The Return of the Native by Thomas Hardy, and (2) A collection of stories by Rabindranath Tagore published under the style of "Stories from Tagore". The Return of the Native was prescribed by the University of Madras for the B. A. degree examination 1956, Part I English.

The defendants published in 1954 in Madras without the consent of the plaintiffs a "Guide to the Study of Hardys Return of the Native." The other work "Stories from Tagore" published by Messrs. Macmillan and Co. was prescribed as