Judgement VEERASWAMI, C. J.:- This appeal comes before us from an order of Maharajan, J. on a preliminary issue in a suit brought by the first respondent for certain reliefs on an alleged infringement of his copyright in a Tamil story "Nazhuval" written by him. He asked for a permanent injunction restraining the appellant from exploiting a film 'Iru Malargal' which, according to the first respondent, was a reproduction of his story. In addition to the relief of injunction, he also asked for damages. An additional issue was settled to the effect - "Whether the plaintiff's suit is not maintainable for non-registration of his copyright in the story `Nazhuval'?" 2. It seems to us that the view of Maharajan, J. is correct. We have carefully looked into the Copyright Act, 1957, and nowhere in it do we find any justification for holding that registration is a sine qua non or a condition precedent to the subsistence of copyright or acquisition of ownership thereof or reliefs for infraction of copyright. Mishra Bandhu Karyalaya v. S. Koshal, AIR 1970 Madh Pra 261, took a contrary view but, with due respect, we are unable to agree with it. The Copyright Act, 1957, amended and consolidated the law relating to copyright. Chapter III relates to copyright. Section 13 lists out work in which copyright may subsist, as for instance original literary, dramatic, musical and artistic works, cinematograph films and records. Sub-section (1) of Section 13 states in which case copyright shall not subsist subject to exceptions. Section 14 is important which defines copyright. `Copyright' means the exclusive right in one or other of the works specified in the sub-section. This is, of course, copyright by virtue of and subject to the provisions of the Act. Section 15 declares that no copyright shall subsist in any design registered under the Indian Patents and Designs Act, 1911. Sub-section (2) of this section deals with a particular design which is capable of being registered under the Indian Patents and Designs Act, 1911, but, which has not been so registered. Such design shall cease as soon as any article to which the design has been applied has been reproduced more than 50 times by an industrial process by the owner of the copyright or, with his licence, by any other person. Such design shall cease as soon as any article to which the design has been applied has been reproduced more than 50 times by an industrial process by the owner of the copyright or, with his licence, by any other person. Then we have Section 16 which makes it clear that there shall be no copyright except as provided in the Act. Copyright, therefore, is a creation of the statute. Might be that it originally subsisted under the common law. But has been replaced by the statute law and copyright subsists as provided by the Copyright Act, 1957, and by virtue of and subject to its provisions. No person under Section 16 shall be entitled to copyright or any similar right in any work, whether published or unpublished, otherwise than under and in accordance with the provisions of the Act or of any other law for the time being in force. Chapter IV deals with ownership of copyright and the rights of the owner, Chapter V with term of copyright, Chapter VI with licences, Chapter VII with performing rights of societies and Chapter VIII, with rights of Broadcasting authorities. We have then Chapter IX dealing with international copyright. Registration of copyright is dealt with by Chapter X. It provides for the procedure for registration of copyright. A register shall be kept for that purpose and entries in the register shall be made of copyrights. A system of index should be maintained. Form and inspection of register are contemplated. Section 48 which seems to throw considerable light on the question we have to decide, is this : "The Register of Copyrights shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any entries therein, or extracts therefrom certified by the Registrar of Copyrights and sealed with the seal of the Copyright Office shall be admissible in evidence in all Courts without further proof of production of the original." Power is given to the Registrar of Copyrights by the next section to amend or alter Register of Copyrights subject to the prescribed conditions. Anyone disputing the register may apply under Section 45 to have his copyright registered. Chapter XI deals with infringement of copyright. The next section deals with civil remedies. Anyone disputing the register may apply under Section 45 to have his copyright registered. Chapter XI deals with infringement of copyright. The next section deals with civil remedies. Section 55 is to the effect that, where copyright has been infringed, the owner of the copyright shall, except as otherwise provided by the Act, be entitled to all remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right. Chapter XIII deals with offences, Chapter XIV, with appeals and Chapter XV, the final Chapter, with miscellaneous provisions. It may be seen from the provisions which we have just now noticed that the only effect of registration is what it stated in Section 48, to wit, that it shall be prima facie evidence of the particulars entered in the register. Hardly is there any indication in any of the provisions of the Act, read individually or as a whole, to suggest that registration is a condition precedent to subsistence of copyright or acquisition of ownership thereof. 3. Learned counsel for the appellant relied on Section 45, in particular and contended that the provision, namely, that the author or publisher or the owner of copyright may make an application for registration, means that the registration is compulsory and that without registration there is no copyright and no infringement thereof can be complained against. He also places reliance on Mishra Bandhu Karyalaya v. S. Koshal, AIR 1970 Madh Pra 261, which, no doubt, supports his contention. In that case, the learned Judges of the Madhya Pradesh High Court observed:- "The Indian Copyright Act 1914, had nowhere made any provision for the registration of copyrights. Under the Copyright Act, 1957, it appears that under Sections 13 and 45, the registration of a book with the Registrar of Copyrights is a condition for acquiring copyright with respect to it. A plain reading of the several provisions of the Act leaves no doubt in our minds that a copyright in a book now is only secured if it is an original compilation and has been fully registered according to the provisions of the 1957 Act." We fail to see anything in Sections 13 and 45 to justify this view. Section 13 does not speak about registration. As we have already mentioned, it only lists out the works in which, copyright may subsist. Section 13 does not speak about registration. As we have already mentioned, it only lists out the works in which, copyright may subsist. It also indicates works in which no copyright can exist unless certain conditions are satisfied. Section 45 is an enabling section. Any one who is so minded, may apply for registration. Section 45 does not go further. The only effect of registration is that it serves as evidence of particulars entered in the register. Just as Section 48 lays down a rule of evidence, Section 45 does not qualify Section 13 or Section 14 or even Section 15 of the Act makes registration as a condition for the subsistence of copyright or acquisition of ownership thereof, Maharajan, J. was of the view that the observations of the Madhya Pradesh High Court were obiter. Even so, the observations do deserve due weight; but, in, our opinion, those observations are not justified by the language of Sections 13 and 45 referred to. The view we are inclined to take that registration is but optional and provides rule of evidence, is supported by Satsang v. Kironchandra, AIR 1972 Cal 533 . 4. Learned counsel for the appellant referred us to S.16. As we have mentioned already, it merely says that no person shall be entitled to copyright or any similar right in any work, whether published or unpublished, otherwise than under and in accordance with the Act. This is merely to say that copyright is a creation of the statute. Unless the person who claims copyright can point out to Section 14 and then substantiate that he comes thereunder, he fails to establish copyright. That is all the effect of Section 16. 5. The appeal fails and is dismissed. Costs in the appeal will abide the result of the suit.