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Showing contexts for: micolube in Greenlight Planet India Pvt. Ltd. vs Gee Lighting Technology on 14 November, 2018Matching Fragments
6. Mr. Sahni also submitted that the cause of action in the two suits were distinct and different. He pointed out that a Full Bench of this Court in Micolube India Limited Vs. Rakesh Kumar Trading as Saurabh Industries & Ors., AIR 2013 Delhi 143 has even held that cause of action for an infringement suit under the Designs Act is different from that of a passing off action under the Designs Act.
7. It is settled law that Order II Rule 2 CPC is applicable to claims relating to the same cause of action. It is based on the principle that every suit filed by the plaintiff should include the whole claim which the plaintiff is entitled to make on the same cause of action. The intent of Order II Rule 2 CPC is to prevent multiplicity of suits and to protect a person from being vexed twice qua the same cause of action. Consequently, Order II Rule 2 CPC bars a subsequent suit relating to the same cause of action.