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A private citizen brings an ordinary civil suit to restrain radio channels from infringing other…

A person with no personal interest cannot maintain this ordinary private civil injunction merely to enforce copyright laws generally. Section 41(j) bars the relief on the…

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A private citizen brings an ordinary civil suit to restrain radio channels from infringing other persons’ music copyrights. The plaint admits that the citizen owns no copyright, has no personal interest and sues only to enforce the law generally. No representative or special statutory standing is invoked. What is the appropriate response?

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Answer and explanation

Correct answer A

A person with no personal interest cannot maintain this ordinary private civil injunction merely to enforce copyright laws generally. Section 41(j) bars the relief on the pleaded facts, allowing rejection where the legal bar appears from the plaint. The Civil Judge does not turn the suit into a constitutional public-interest petition; absence of a defence licence does not cure the claimant’s lack of standing.

See sections 4 and 41(j) of the Specific Relief Act, 1963 and Order VII, rule 11(d) of the Code of Civil Procedure, 1908.

Option feedback

Option A

The plaint itself pleads the lack of personal interest that bars this private injunction.

Option B

A legal bar disclosed by the plaint need not await evidence at trial.

Option C

The defendants’ alleged lack of permission does not confer the required personal interest on the plaintiff.

Option D

The Civil Judge cannot automatically convert this private suit into constitutional public-interest litigation.

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