S.Mahalingam vs Vasan Publications Pvt. Ltd
18. Learned counsel for the plaintiff also stated that the argument of the
defendant regarding non-joinder of parties, is not a plea taken in the written
statement and no issues also were framed in this suit in that regard. Even
otherwise, it is settled law that the copyright infringement suit at the instance of
one of the owners of the copyright, is maintainable as a co-owner and all owners
Page No.31/78
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div).No.522 of 2012
need not join in filing the suit and in this regard, learned counsel relied on the
decision reported in MANU/GH/0627/2018 (Deepak Kumar Sanyal and others Vs.
Naba Kanta Bardolio and others). Moreover, Section 61 of the copyright Act
relied on by the defendants, does not apply to the case on hand, because
Section 61 pertains only to a copyright infringement suit instituted by an
exclusive licensee, which is not a case in this suit.