AGGARWAL, J. (Oral)

( 1 ) THIS first appeal by Neiveli Ceramics and Refractories Ltd. arises out of a petition filed by Hindustan Sanitaryware and Industries Limited (hereinafter called the petitioner company ) for the revocation of Patent No. 103411 granted in favour of the respondent to the petition on January 13, 1966.

( 2 ) THE controversy in appeal is with regard to the meaning to be given to the expression "a High Court" in Section 26 of the Patents and Designs Act, 1911 (hereinafter called the "act" ). According to the appellant, the expression "a High Court" in the said section means the High Court which would otherwise have jurisdiction over the person against whom the petition is filed under the Act or over the subject matter of such petition, and not "any" High Court. According to the petitioner company the aforesaid expression means any High Court and the jurisdiction of a High Court to entertain the petition under section 26 of the Act is not circumscribed by limitations laid down in section 20 of the Code of Civil Procedure.

( 3 ) THE facts relevant for decision of the appeal are that the petitioner company is the manufacturer and seller of ceramic wares and sanitary

Click Here to Read the rest of this document