JUDGMENT :

Sanjib Banerjee, J.

Prayer: Appeal filed under Clause XV of the Madras High Court Letters Patent read with Section 13 of the Commercial Courts Act, 2015 against the order dated 01.09.2021 passed in A.No.2655 of 2021 in C.S. (Comm.Div.) No.400 of 2019 on the file of this Court.

1. The appeal is clearly not maintainable.

2. The appeal has been filed in a commercial suit. The appellant, as plaintiff in a patent action, sought a direction from the trial court to have the Controller of Patents give evidence pertaining to the features of the appellant’s products and the distinction between the appellant’s earlier patent and the subsequent patent.

3. By the order impugned dated September 1, 2021, the prayer has been declined. According to the appellant, the application made before the trial court was under Order XVI Rule 2 of the Civil Procedure Code, 1908.

4. Section 13 of the Commercial Courts Act, 2015 permits appeals from such orders that are specifically enumerated under Order XLIII of the Code. Nothing in Order XLIII of the Code permits the present appeal to be maintained.

5. It is elementary that the right of appeal has to be found in a statute and does not inhere in any person. Since the scope of appellability is extremely restricted under the Act of 2015, as held by this Bench in a judgment rendered reported at 2021 SCC OnLine Mad 5428 (Hindustan Unilever Limited v. S.Shanthi), the present appeal is dismissed as not maintainable without going into the merits thereof.

6. OSA (CAD) No.91 of 2021 is dismissed. C.M.P.No.16964 of 2021 is closed.

There will be no order as to costs.