granted
in a suit, seeks stay of the suit to perpetuate the injunction where the
defendant has sought rectification. The second would be where ... court trying the suit") to adjourn the suit) and (2)
where the suit is filed before a rectification proceeding/application is
preferred ( Section
jurisdiction to
S.25 , CPC jurisdiction to
decide decide
Infringement rectification rectification
suit forum unless both are
transferred to
HC under
S.24 , CPC
High ... disposal of the
stayed until the final rectification proceedings. rectification proceedings.
disposal of the
rectification proceedings. (3) If no such application (3) If no such
civil court trying the suit has to stay the further proceedings of the suit until disposal of the rectification proceedings. At the same time ... plea, but independent of the suit, during the pendency of that very suit he is free to move rectification application and again plead
permit of a counterclaim in this suit for that purpose, nor is there a cross suit for rectification; but as a Court guided ... permit of a counterclaim in this suit for that purpose, nor is there a cross suit for rectification; but as a Court guided
suit on the ground that the suit property was wrongly described in
sale deed (Ex.D-4) without filing any suit for rectification under Section ... plaintiff can also maintain suit for declaration of
title without filing suit for rectification. Thus, this substantial question of
law is answered accordingly.
Answer
stay of
the suit.
15. Ex facie, to stay the proceedings in an infringement suit,
pendency of the rectification proceedings alone ... suit, but also, if subsequent to the filing of the
suit a party concerned moves the Registrar/IPAB, for rectification of the
register, and then
suit to be stayed. The
stay of the suit is an inexorable legislative consequence to the filing of
the rectification petition.
6.7 Thirdly, the legislature ... rectification petition being filed before the High Court. The decision
specifically holds that, once a rectification petition is filed, stay of the
pending suit
suit to be stayed. The
stay of the suit is an inexorable legislative consequence to the filing of
the rectification petition.
6.7 Thirdly, the legislature ... rectification petition being filed before the High Court. The decision
specifically holds that, once a rectification petition is filed, stay of the
pending suit
invalid and initiates
proceedings for rectification. Such rectification
petition may be filed prior or subsequent to the
suit. If the rectification petition is filed subsequent ... filed a suit against the first respondent and both the suits are
still pending before the Additional District Court, PHC, Delhi. The
rectification petition involved
Punjabi Bagh, New Delhi.
.....................DEFENDANT
Suit filed on :- 28.05.1996
Judgment Reserved on :- 19.11.2024
Date of decision :- 28.11.2024
SUIT FOR RECTIFICATION OF SALE DEED
JUDGMENT ... institute the present suit since no cause of action was
subsisting in favour of the plaintiff for filing a suit for
rectification of a registered
