JAYANT NATH, J.

IA No. 2037/2018

1. This application is filed under Order 6 Rule 17 CPC to bring on record the change in the title of the suit patent.

2. It has been pleaded that the plaintiff-MSD OSS BV merged into Organon Bio-Science Nederland BV and pursuant to that merger the patentee of the suit patent became Organon BioScience Nederland BV. Subsequently, Organon Bio-Science Nederland BV merged into Merck Sharp & Dohme BV who has now become the patentee of the suit patent and hence, the present application to substitute the original plaintiff with the amalgamated Merck Sharp & Dohme BV.

3. The present suit has been filed seeking a decree of permanent injunction to restrain the defendant from using, selling, distributing, etc. any product that infringes the plaintiff’s Indian Patent No.224609. Other connected reliefs are also sought.

4. This court on 12.04.2018 had heard arguments on this application and had noted the submission of the learned senior counsel for the plaintiff that though the application is labelled as under Order 6 Rule 17 CPC but in fact what is being sought is only the relief under Order 22 Rule 10 CPC, namely, substitution of the plaintiff with Merck Sh