The suit is declaratory in nature regarding ownership, not susceptible to monetary evaluation, falling under Section 6(iv)(j) of the Bombay Court Fees Act.

1. Heard the learned counsel for both sides.

2. In view of nature of the controversy generated and comparatively deeper arguments having been canvassed on behalf of both sides, it is deemed necessary and proper to record a speaking order even at this threshold of the admission stage so as to understand the thrust of the controversy.

3. The learned trial Judge has answered the preliminary issue and though this conclusion is correct still he has recorded comparatively short order without referring to necessary details including the basic aspect about the recitals of the plaint and nature of the suit and this feature has created a situation requiring this Court to go into the details and in fact the matter was argued by both sides as if at the final hearing stage citing several authorities and therefore instead of admitting and then disposing of the matter, it is examined at this stage itself, which has inevitably resulted in recording a detailed order on par with the one recorded at the final hearing.

4. "Yeh Jo Hai Jindagi" is the title of popular T. V. Serial which was displayed on the National Net - work and which projects assorted events in life of a family, has landed itself in the whirlpool of this litigation so that even the producers and owners thereof have the taste of this reality of life.

5. The Plaintiffs who are respondents herein, are a partnership firm in the field of manufacturing Ayurvedic Pharmaceutical Products which are sold under the brand name of "Vicco" and claim to have acquired substantial reputation in the market. The first petitioners who are original first defendant are an advertising agency and have been the advertising agents in respect of the product manufactured by the Plaintiffs concern. The second petitioner is the Director and / or Partner of the first petitioner while third is the Proprietary concern of the first petitioner and 4th defendant which is dealing in promoting advertising and marketing, is also a proprietary concern. The fifth petitioner are Union of India and they have been impleaded essentially as being the authority conducting the T. V. Programme popularly known as "Doordarshan". The Plaintiffs have employed the first four petitioners - defendants as their advertising agents through their sister concern M/s. Modern Advertising Agency and Uta Advertising Agency. Deriving inspiration from some popular series displayed on Doordarshan Network, the Plaintiffs desired to have a similar project maybe with a further desire to promote the sale of their products through such an advertisement, though according to them, they have been in that field of advertising their product prior thereto on Doordarshan. With this object, negotiations were carried between the parties and ultimately an agreement was entered into under which the first petitioners were to act as their agents for the purpose of producing the serial known as "Yeh Jo Hai Jindagi" and which would be displayed as Plaintiffs' sponsored programme. The Plaintiffs in turn agreed to pay the entire cost of the said production to the said agency. Under the same, fourth defendant had agreed to act as agent and to prepare the said serial the cost of which was to be borne by the producer and said serial consisted of different episodes, each episode having duration of about 30 to 45 minutes, thus the Plaintiffs claimed to be the owners of the said production while the defendant