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39. Reliance was also placed upon paragraphs 10 and 11 of the said decision to show that even if common source was relied upon by the parties, it is for the party, who relied upon the common source, to show that he went to the common source, from which he borrowed and by employing his skill, labour and brain even while relying upon the common source and that he did not merely copy away the work of another person, whose work was also based on the same common source. The said decision having referred to the facts involved therein, is clearly distinguishable when compared to the facts involved in the case on hand. As has been noted by the learned Judge, while preparing an English-English-Tamil dictionary, though reliance was placed upon other common source, there was some original work done by the plaintiff in that case while preparing the dictionary while the same was simply copied by the defendant therein without demonstrating any independent application of mind while doing its work. In fact, the learned Judge has noted the total incapacity of the alleged infringer in that case having regard to the material evidence both oral and documentary placed before the Court, which persuaded the learned Judge to affirm the allegation of infringement alleged. The said decision has no application at all to the facts of this case.