CUBL was with a prayer to strike off prayer limbs 1 to 3 from the
plaint saying the same is barred vide Section ... tantamounts to granting the entire relief in the plaint. A
bare reading of the plaint prayer brings to light that this
submission cannot but fail
prayer for permanent injunction in terms of prayer 'b'. We do not see any reason why such a prayer should not be granted ... second prayer was for recovery of possession. The learned single Judge, on the basis of the prayer made in the plaint for recovery of possession
alluded to supra, though there are prayer plaint averments
touching upon the artistic work, the plaint prayer is restricted to injunctive
relief qua Trade mark ... infringement. Plaint prayer paragraph is paragraph 28
and the same reads as follows:
'28. In these circumstances it is humbly prayed that this
plaint but the prayer found therein was the prayer originally made at the time of the filing of the plaint. Learned Counsel for the appellants ... plaint has always to follow the averments in the body of the plaint and the reverse cannot be true.
15. Even as the plaint stood
averments and the prayers in the plaint is misconceived and is not
maintainable in law. According to the learned counsel, a decision of the
Madras ... Section 92 of
CPC. Hence, addition of the said declaration prayer in the plaint filed
under Section 92 of CPC cannot take the suit
face of the
averments and the prayers in the plaint is misconceived and is not
maintainable in law. According to the learned counsel, a decision ... Section 92 of
CPC. Hence, addition of the said declaration prayer in the plaint filed
under Section 92 of CPC cannot take the suit
averments and the prayers in the plaint is misconceived and is not
maintainable in law. According to the learned counsel, a decision of the
Madras ... Section 92 of
CPC. Hence, addition of the said declaration prayer in the plaint filed
under Section 92 of CPC cannot take the suit
Corporation Limited
No.500, Mount Road, Teynampet,
Chennai 600018. ... Defendants
Prayer : Plaint filed under Order VII Rule 1 CPC r/w Order IV Rule ... Chennai 600017.
3. Mrs. M. Kanthimathi
W/o K.Muthuswamy ... Defendants
Prayer : Plaint filed under Order VII Rule 1 CPC r/w Order IV Rule
Court is kept in mind.
55. On perusal of the plaint averments, plaint prayer and plaint
documents, the sum and substance of the plaint averments ... other words, on an meaningful reading of the plaint and
the plaint relief and the plaint document, I find that by a clever drafting
outset,
referred to different prayers sought in the suit. With reference to the prayers
made in the plaint, the learned counsel drew reference ... outset, referred to the prayers as sought in
the suit from (a) to (f) in the prayer column of the plaint. All the prayers
