suit. The suit will remain stayed and the
final decision of the statutory authority
in the rectification proceeding will govern ... pending at the time of filing of the
application for rectification or such a
suit has came to be instituted
subsequent to the application
court trying the suit") to adjourn the suit) and (2) where
the suit is filed before a rectification proceeding/application is
preferred ( Section ... when the suit is filed and a
party to the infringement suit, wishes to challenge it after the
filing of the suit
suit. The suit will remain stayed and the
final decision of the statutory authority
in the rectification proceeding will govern ... pending at the time of filing of the
application for rectification or such a
suit has came to be instituted
subsequent to the application
suit for infringement of trade mark, if the court trying the suit finds that any proceeding for rectification of the register in relation of plaintiff ... when the suit is filed and a party to the infringement suit, wishes to challenge it after the filing of the suit
suit for infringement of trade mark, if the court trying the suit finds that any proceeding for rectification of the register in relation of plaintiff ... when the suit is filed and a party to the infringement suit, wishes to challenge it after the filing of the suit
invalid, then
the court trying the suit shall stay the suit pending final
disposal of rectification proceedings either before the
Registrar or the Appellate Board ... their
favour. It may also be noticed that the suit is both a suit for
infringement as well as passing off, and it is significant
trying a suit contemplated under Section 424 (2) of the Act.;
(iv) The suit filed by the first respondent is for rectification of register ... suit already instituted. Even if Section 430 is applicable to the pending suits also, the same is not applicable to the present suit in view
stay
of the suit.‖
15. The plaintiff, though prior to the institution of this suit had not
instituted any proceeding for rectification of the registered ... being in issue in this suit, the case for staying proceedings in
this suit, instituted prior to initiating the rectification proceedings, would
not arise
suit property and from constructing any building at the suit property. In the suit, the
petitioner traced their title to the suit property through ... suit property for constructing a building. The respondents contested the suit, they
claimed that they are in possession of the suit property and the suit
Section 26 of the
Specific Relief Act permitting initiation of suit for rectification of the
instrument in the event of mutual mistake of the parties ... suit and there was no requirement for going for a rectification suit,
which view also gets support of the decisions in Asltulla vrs.
Sadatulla
