Facts

• The Plaintiff/Appellant, in 1953, had written a Hindi play titled, ‘Hum Hindustani’. The Second Defendant/Second Respondent, i.e., the film writer and proprietor of the First Defendant/First Respondent, produced a motion picture in 1956 titled, ‘New Delhi’.
• The film and the play were based on the theme of ‘provincialism’. According to the Plaintiff, the film was entirely based on his play. He, therefore, filed a suit seeking damages and other reliefs on the ground that the Defendants had violated the Plaintiff's copyrighted work.

Background/ Procedural Posture

This judgment was delivered in an Appeal before the Hon’ble Supreme Court arising from the order passed by the Hon’ble High Court of Delhi confirming the decree passed by the Trial Court dismissing the Suit filed by the Plaintiff/Appellant.

Main Issue:

Whether copyright exists in a theme or a central idea?