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Madras High CourtCS/812/2012dismissed for nonprosecution

P.A.Sebastin v. R.Manimaran And Another

2017-06-20Honourable Mr Justice T. Ravindran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAVINDRAN C.S.No.812 of 2012 and O.A.No.1053 of 2012 P.A.Sebastin .. Plaintiff Vs.

1. R.Manimaran

2. R.P.Bala Namasivayam .. Defendants Prayer : Civil Suit has been filed under Order IV Rule 1 of O.S.Rules and Order VII Rule 1 of C.P.C read with Section 54,55 & 62 of Copy Right Act praying for judgment and decree as follows:- a) granting permanent injunction restraining the defendants, their heirs, men agents or any other person or persons claiming them from in any manner passing of infringing the copy right of the plaintiff under him from releasing the PAYA PULLA for public which has the story theme written and narrated by the plaintiff without his written permission. b) directing the defendants to pay costs.

c) Grant such further or other orders.

For the Plaintiff : No appearance For the Defendants : No appearance

JUDGMENT

The suit was directed to be posted before the Master for recording ex-parte evidence, as the defendants were already set exparte.

2. As seen from the records, it is found that despite ample opportunities, the plaintiff has not evinced interest to adduce evidence in support of his case. Consequently, the matter was referred before this Court, for further orders.

3. The matter was listed before this Court on 28.04.2017 and even on that day, there was no representation for the plaintiff. Accordingly, this Court has directed the Registry to list the matter before the Court today under the caption " for dismissal".

4. Even today, there is no representation for the plaintiff. It is thus made evident that the plaintiff is not ready to prosecute the suit.

5. Resultantly, the Civil Suit is dismissed for non prosecution. No costs. Consequently, connected original application is closed. 20.06.2017 Speaking order / Non Speaking order Index : Yes/No Internet : Yes/No

adl T.RAVINDRAN, J.

adl C.S.No.812 of 2012 and O.A.No.1053 of 2012 20.06.2017 http://www.judis.nic.in