JUDGMENT

I.A. 16968/2022 (O-XIV R-5 of the CPC)

1. The present application has been filed on behalf of the defendant under Order XIV Rule 5 of the Code of Civil Procedure, 1908 (CPC) for framing of the following additional issues:

"(x) Whether the registration of the trademarks with the name and style of `Dehlvi', either independently or as supporting word, as mentioned in Para 12 of the plaint, in favour of the Plaintiff, are invalid and based on false user and thus, liable to be cancelled/removed? OPD

(xi) Whether the alleged Assignment Deed dated 19.09.1999 is a legally valid instrument? OPD"

2. On 29th November, 2022, the statement of counsel for the plaintiff was recorded that he does not wish to file reply and the application may be heard on the basis of oral submissions.

3. The brief facts relevant for deciding the present application are set out below:

3.1. The present suit has been