first suit for declaration and permanent injunction was filed
on 12th November, 2014 along with the interim application. The same
was listed before Court ... plaint in both the
matters along with fresh application for injunction.
42. The plaintiffs seek to amend the plaint in existing paragraphs 8
and after
first suit for declaration and permanent injunction was filed
on 12th November, 2014 along with the interim application. The same
was listed before Court ... plaint in both the
matters along with fresh application for injunction.
42. The plaintiffs seek to amend the plaint in existing paragraphs 8
and after
Defendants oppose the application on the ground that the
plaintiff by the current application is seeking to amend the very nature
of the suit ... originally a suit for declaration and mandatory
injunction and the Plaintiff is now trying to amend it so as to make it a
suit
instant application to amend the plaint in terms of para 17 of the
application.
In the reply to the said application, the defendants ... stated that plaintiff has filed the application only after the
defendants filed an application under Order 7 Rule 11 CPC seeking
rejection of the plaint
Telefonaktiebolaget Lm Ericsson ... vs Intex Technologies (India) Limited on 13 March, 2015
Author: Manmohan Singh
year' rule preventing
courts in India from granting interim injunction. No provision
of law or rule was brought to the notice of the court ... prudence rather than a rigid, ritualistic
formula of mathematical application. In the context of the
amended Act, where no less than five layers of scrutiny
become necessary for the
petitioner to amend the plaint by filing of the application under Order VI,
Rule 17 CPC for the purpose of proper ... proper perspective."
9. It appears from the amended plaint that in case the application for
amendment is allowed then the nature of the suit
amended by the plaintiff. The plaintiff wants to
amend the heading of the suit as "suit for specific performance permanent
and mandatory injunction ... amended plaint, incorporating
the above amendments, court fee and the amended memo of parties.
12. Defendant has strongly opposed the prayer made in the
application
certain
drawings. The application under Order VI Rule 17 was filed by the
plaintiff to amend the application I.A No. 4401/2008 ... injunction application
bearing IA No. 4402 of 2008 to seek injunction on the basis of the
independent copyright. The Defendants have filed the amended written
amendment of the plaint. The amendments
sought by the plaintiffs are mentioned in para 12 of the application.
2. Originally, the plaintiffs filed the suit ... above, the plaintiffs filed the present application
for amendment of the plaint. The following amendments were sought by
the plaintiffs:
"In the circumstances
