ORDER

This Civil Revision Petition is filed against the order passed by the Principal District Judge, Salem, dismissing the petition filed by the revision petitioner/defendant seeking leave of the court to file additional written statement.

2. The respondent herein has filed a suit seeking declaration that it was the proprietor of the trademark/label SABU, injunction restraining the petitioner/defendant from infringing the trademark SABU and also for other incidental reliefs.

3. The revision petitioner herein filed a written statement and resisted the suit on various grounds. While the suit was pending, the revision petitioner filed a petition under Order 8 Rule 9 of CPC to receive additional written statement to raise certain further pleas which were not in the original written statement.

4. The court below dismissed the petition filed by the revision petitioner seeking leave of the court to file additional written statement by relying on time limit fixed under Order 8 Rule 1 of CPC for filing written statement. The court below in its impugned order has stated that as per the amended CPC applicable to the Commercial Courts, the outer time limit for filing a written statement is 120 da