M.SUNDAR
Amilal Ramkishan Dass – Appellant
Versus
Ashok Kumar Sethi – Respondent
M. SUNDAR, J.
1. There is a sole plaintiff and a sole defendant in the main suit. Sole defendant in the main suit is the applicant herein and the sole plaintiff in the main suit is the sole respondent herein. Parties in this application, i.e., A.No.3965 of 2017 shall be referred to by their respective ranks in the main suit for the sake of convenience and clarity.
2. Sole defendant has taken out the instant application with a prayer for rejection of plaint under Order VII Rule 11 of 'The Code of Civil Procedure, 1908' ('CPC' for brevity).
3. Before we look into this application for rejection of plaint, it may be necessary to have a panoramic birds eye view of the main suit as it unfurls from the plaint averments.
4. According to plaint averments, plaintiff is a renowned manufacturer and exporter of hair dyes and other products made of Henna. Plaintiff commenced business in 1998 and has grown into one of the leading manufacturer and marketer of Dye based products in India with turnover running into several lakhs of rupees. It has also been averred in the plaint that plaintiff is the owner of copyright in the artistic work in the pouch and carton in which plaintiff's products int
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