- Case number
- FAO No. 147 of 2022
- Court
- Kerala High Court
- Date of judgment
- Judge
- M. R. Anitha
- Outcome
- Set aside
Headnote
Order returning the plaint for want of territorial jurisdiction set aside so far as it concerned the fifth defendant, in the band's claim that the song Varaha Roopam copied its Navarasam. The Court held that an objection to territorial jurisdiction raised pre-trial under Order VII Rule 10 CPC is by way of demurrer, so it must be decided on the averments in the plaint and the documents annexed to it alone, taking those averments to be true, and the objection succeeds only if on those facts the court lacks jurisdiction as a matter of law. The District Court had gone wrong in taking into account an agreement produced by the defendants. Since the other defendants had by then been deleted, the plaintiff was left to amend its pleadings before any question of jurisdiction was pursued again.
Also listed as
- Thaikkudam Bridge v. Hombale Films & Ors. (F.A.O. No. 147 of 2022)
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.