JUDGMENT :

Sunita Agarwal, J.

The instant First Appeal has been filed under Section 96 read with Order XLI of the Code of Civil Procedure, 1908, and under section 13 of the Commercial Courts Act, 2015, challenging the order of dismissal dated 01.04.2022 of the Commercial Trademark Suit No. 3 of 2019 on the ground that the suit is barred by law and the plaint is liable to be rejected under Order VII Rule 11 (d) of the CPC. The conclusion drawn by the Commercial Court is that the suit of the plaintiff is hit by the statutory bar under Section 15(2) of the Copyright Act, 1957.

2. Having exhaustively gone through the judgment and order impugned of the Commercial Court, we find that the court has dealt with two applications together namely the applications under Order VII Rule 11 of the CPC and under Order XXXIX Rule (1) and (2), CPC namely Exh. 48 and Exh.5; respectively, on the premise that in the previous order dated 26.9.2019 passed by the predecessor Judge, it was decided to proceed with the hearing of both the applications together. Resultantly, the learned Judge by the common order under challenge, while allowing the application under Order VII Rule 11, CPC and rejecting the applica