1. This is an appeal by the principal defendants. There is an institution known as the 'Nowgong Natya Samity which is also known as the Nowgong Dramatic Club'. Plaintiff No. 1 was a member and the Chairman of the said institution and plaintiff No. 2 was at the relevant time a member and the General Secretary of the Samity. Plaintiff No. 3 who was also a member of the club, was subsequently added by the order of the District Judge, Lower Assam Districts, Gauhati. The suit has been brought in the representative capacity, the plaintiffs representing all the other members of the club.
The allegation of the plaintiffs is that the Nowgong Natya Samity has been constituted for recreation and amusement to its members and the public and with the object of improving art and enriching Assamese literature by encouraging authors to write and compile dramas in Assamese language. Pro forma defendants Nos. 5-7 wrote an Assamese drama known as 'Piyoli Phookan'. This was printed and published on the 1st September 1948 by the pro forma defendant No. 8, the Associated Service Limited, Nowgong, of which the pro forma defendant No. 1 is the Managing Director at the instance and under the guidance of the