Lokeshwar Prasad, J.

( 1 ) THIS Order will dispose of plaintiff s application filed under Order VI Rule 17, Order XXII Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC ). The facts relevant for the disposal of the above mentioned application briefly stated are that the plaintiff as the sole proprietress of the trade mark minda , registered under Trade Mark No. 241844 in Class 9 and 357811 in Class 12 and also as proprietress of the artistic work entitled- minda , alleged to have been duly registered at No. A-47612/85 under the Indian Copyright Act, 1957, filed a suit under Sections 105 and 106 of the Trade and Merchandise Marks Act, 1958 as well as under Section 55 of the Indian Copyright Act,1957 for the relief of permanent injunction and rendition of accounts etc. against the defendant named above. The defendant resisted the claim of the plaintiff and filed a written statement inter-alia contending that the plaintiff has no subsisting right to file the present suit and unless the deed of assignment is executed under the relevant statutory provisions, on which reliance is being placed by the plaintiff, no cause of action can

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