M. Sathyanarayanan, J.

The defendant is the applicant in both applications and these applications have been taken out to eschew certain documents marked as exhibits in the suit, on the ground that the said exhibits are either inadmissible and/or in respect of which, the mode of proof and/or relevancy is under serious doubt and in spite of objections being raised at the time of marking the documents, the same have been received in evidence as exhibits.

2. Since the points urged by the applicant/defendant in these applications, are one and the same, the present applications are disposed of by this common order. For the sake of convenience, the array of parties will be referred as plaintiff and defendant in C.S.No.979 of 2007.

3. The facts leading to the filing of these applications, shorn off unnecessary details, are as follows:-

3(i) The respondent/plaintiff has filed a suit in O.S.No.979 of 2007 against the applicant herein praying for a judgment and decree to declare that the respondent's product viz. TVS Flame, which uses the two spark plug with screw fitted and three valves, does not infringe the Patent No.195904 of Bajaj Auto Limited (applicant herein) and for permanent inju