Law:

Section:

(a) Copyright Ordinance (XXXIV of 1962-------Ss. 2(l) & 39---Civil Procedure Code (V of 1908), O. VII, R. 11 & O. XXIX, R. 1---Suit for infringement of copyright by company---Application for rejection of plaint---Subscription and verification of pleadings---Respondent (company) had filed suit against applicant (company) for infringement of respondent's copyrights over certain licensed music content--- Applicant filed present application under Order VII, Rule 11, C.P.C. for rejection of respondent's plaint with the contention that suit had not yet been filed by the duly authorized person in accordance with law; that respondent only had the right to sell and distribute the licensed content and was not the owner of copyright, therefore, it had no cause of action and locus standi to file the suit, and that respondent had filed an application before the Copyrights Office, but same was pending and the request had not yet been granted---Validity---Contention of applicant that plaint had not been verified by duly authorized person, same was a formal defect which could be cured subsequently and the plaint could not be rejected on such ground---Mere failure on part of respondent to get the copyright registered did not invalidate or impair the copyright nor destroyed the right to sue for copyright infringement---Contentions of applicant raised crucial and substantial questions of facts and law which were to be adjudicated at the trial of the suit and same could not be decided without recording of evidence---Respondent had properly pleaded the cause of action in the plaint and at present stage the contents of the same were admitted to be true---Lack of proof or weakness of proof in the circumstances of the case did not furnish any justification for coming to the conclusion that there was no cause of action or locus standi shown in the plaint---Rejection of plaint on technical grounds would have amounted to depriving the respondent from his legitimate right of availing legal remedy--- Plaint of respondent could not be rejected under Order VII, Rule 11 of C.P.C., and, consequently, application for rejection of plaint was dismissed. Shadoo Muhammad Khan v. Ganmoon…

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