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2002 Supreme(Del) 269

P.C.JAIN
BALAR MARKETING PRIVATE LIMITED – Appellant
Versus
LAKHA SHARMA – Respondent


R. C. Jain

( 1 ) THIS civil revision is directed against the order of learned Additional District Judge dated 10. 8. 2000 by which an application under Order 6 Rule 17 read with Section 151 Code of Civil Procedure moved on behalf of the plaintiff respondent herein praying for amendment of the plaint has been allowed.

( 2 ) BRIEFLY stated, the relevant facts. leading to the present revision are that the respondent-plaintiff has filed a suit under Section 105 and 106 of Trade and Merchandise Act against the petitioner-defendants claiming the proprietorship over the trade marks "kundan" and "kundan CAB" In respect of wires and cables. The petitioner is contesting the said suit and has filed a counter claim. A certain smt. Promila Sehgal had also filed a suit against the plaintiff-respondent and petitioner-defendants for restraining them from using the trade mark "kundan". During the pendency of the said suit Smt. Promlla sehgal assigned her trade mark "kundan" in favour of the petitioner-defendants and consequently the suit filed by Smt. Promlla Sehgal was withdrawn. The plaintiff-respondent. In view of the above change of circumstances, sought amendment by Incorporation of certain ext













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