SANJIV KHANNA, J.

Samsung Leasing Limited, Samsung Overseas Limited, Samsung Electro Products Private Limited and Samsung Impex Private Limited, who are defendants in CS(OS) No. 303/2004 filed by Samsung Electronics Company Limited and Samsung India Electronics Limited, have filed the present intra-Court appeal impugning the order dated 30th August, 2016 allowing application IA No. 11621/2009 for amendment of the plaint.

2. The application for amendment had stated that due to inadvertent mistake on the part of the plaintiffs, who are respondents before us, claim for infringement of trademark Samsung was not prayed for in the prayer clause. Accordingly, amendments were sought in the prayer clause and also other paragraphs of the plaint, including the title.

3. The impugned order dated 30th August, 2016 allows the amendment application rejecting the contention of the appellants that the trial had commenced and, therefore, the proviso to Order VI, Rule 17 of the Code of Civil Procedure, 1908 (Code, for short) would be applicable. The single Judge has relied upon decision of a Division Bench of this Court in FAO (OS) No. 51/2009, Man Mohan Singh versus Veena Sehdev, decided on 1