HC sets aside trial court order on Bigil

Justice R Suresh Kumar, before whom the revision petition filed by Selvah came up, said, “The trial court in the impugned order, while allowing the petitioner/ plaintiff (Selvah) to withdraw the suit, ought to have permitted him to institute a fresh suit before the appropriate court on the same subject matter of the suit.”

“Failure to give such liberty and rejection of such plea made by the plaintiff, in the impugned order, is nothing but an erroneous exercise of power by the trial court. In that view of the matter, this court is also of the considered view that the impugned order, in so far as it disallowed the plaintiff to get such liberty, is to be interfered with and needs to be set aside.”

However, Justice Suresh Kumar made it clear that this court has not expressed any view on the merits of the suit as to whether there had been any infringement of copyright as claimed by the plaintiff, adding that those issues are completely under the domain of the court where, if any suit is instituted afresh, it has to be decided on merits, of course after a full-fledged trial.