The cause of action must be determined based on the plaintiff's averments in the plaint, and the legal position remains open despite previous observations.

1. The present Petition is filed to reject the plaint in C.S.No.93 of 2012 as per Order VII Rule 11 (a) of the Civil Procedure Code.

2. Brief facts of the case to decide the issue on hand are narrated below:

The respondent claims that he is the Author of the script, stated to have been written in the year 2006, and he approached the applicants/defendants to make a film based on the Script authored by him. Petitioners-1 and 2, being the Film Making Company and its CEO respectively, agreed for production and cinemotgraph of the film "Aarnaya Kaandam". The respondent/plaintiff directed the film himself and he was paid certain amount for the script and direction. The film was released on 10.6.2011. Though the movie did not draw substantial number of viewers in the theatre, it won the grand Jury Award for the best film at South Asian International film festival at New York, United States. The movie also won two National Awards for the year 2011 and for 2012.

3. While so, the applicants took steps to dub the movie in Telugu. Having coming to know of such dubbing of the movie, the respondent claimed Copy Right of the literary work and on that basis, filed the main Suit for permanent injunction to restrain them from translating the script "Aaranya Kaandam" into any language making any new cinematograph that is based on the script "Aaranya Kaandam" incorporating any translated version of the script "Aaranya Kaandam" as part of any new or existing cinematograph film or doing any other act inconsistent with the right of the plaintiff under 14(a) of the Copyright Act, 1957 (for brevity, "the Act"). .

4. The applicants entered appearance and they have also filed a detailed written statement. Meanwhile, the respondent filed an application for injunction and obtained an order of ad-interim-injunction on 29.2.2012 restraining the applicants from translating the script. The applicants filed an application in O.A.No.1888 of 2012 to vacate the order of interim injunction granted in O.A No.96 of 2012.

5. O.A.Nos.96 and 1888 of 2012 were heard together and, on 5.6.2012, Application No.1888 of 2012 was allowed vacating the injunction, against which, OSA No.202 of 2012 was preferred and a Division Bench of this court passed an elaborate order and thereby confirmed the order of the learned Single Judge.

6. The respondent preferred Special Leave Petition and the Hon'ble Apex Court has passed an order which reads as follows:

"..Considering the fact that the Suit is still pending before the Madras High Court, we are inclined to dispose of the special leave petition, with a request to the High Court to dispose of the Suit, uninfluenced by the observations made by the High Court, as expeditiously as possible preferably within a period of three months from the date of receipt of this order.

The respondent would file written statement before the High Court within a period of two weeks from today, failing which appropriate orders can be passed by the High Court.

We make it clear that we are not expressing any opinion on the various contentions raised before us. The question of law raised, however, is kept open.

Needless to say, interim order passed by the High Court will have no effect while disposing of the matter.

The special leave petition is, accordingly, disposed of ".

7. In the meanwhile, the applicants have come forward with the present application to reject the plaint in C.S.No.93 of 2012 as per Order VII Rule 11 of Civil Procedure Code.

8. According to the applicants, they being the first Copyright owners of the subject film, they have exclusive and absolute right to communicate the subject film by way of dubbing the movie in any other language and the suit is vexacious for want of cause of action. The plaint does not disclose any cause of action and the Hon'ble Division Bench has accepted the plea of the applicants that the producers of the film are entitled to 'Dub' the film to communicate the same. According to the applicants nothing survives in the suit