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
come into play for a post-suit rectification only when (i)
the pleadings disclose a challenge to the validity of a registered
trademark ... defendant's mark and stayed the suit pending
adjudication of the rectification application by the IPAB.
CS (COMM) 728/2018 Page
7144/2017
Date of Institution 23-10-2017
Nature of the suit Injunction Suit.
Date of recording 01/01/2019
of evidence
Date of Judgment ... further stated that, as per schedule B
property, the rectification deed, the suit schedule
property was allotted to the defendant No.1, whereas the
rectification
sufficient cause allow, the
trial of the suit shall stand stayed until the final disposal of the
rectification proceedings.
(3) If no such application ... pending at the time of filing
of the application for rectification or such a suit has come to be
instituted subsequent to the application
suit?
4) Whether the plaintiff has proved the
partition of the suit schedule properties
among the parties to the suit ... present suit is not
maintainable, rather, the plaintiff ought to have filed a
suit seeking declaration of his title and consequentially,
rectification could have been
when the suit is filed and a party to the infringement suit,
wishes to challenge it after the filing of the suit ... suit or if
framed has not been pursued by the party concerned in
the suit by filing an application to the High Court for
rectification
Utoomal and Assudamal Co., AIR1946 PC 42, that:-
"In a suit for rectification of a contract or instrument, the plaintiff must prove that ... Asari Vs. Pichamuthu Asari , AIR 1972 (Madras) 192, that in a suit rectification of an instrument-
"it must clearly and satisfactorily appear that
court dated 25.3.2019 dismissing the revision.
The plaintiff-respondent brought a suit for rectification of registered sale deed dated 4.2.2014 executed by Chhote ... issue in that regard. However, it cannot be said that the suit for rectification of registered sale deed would not lie before civil court
Hence, defendant and Anand Reddy entered
into registered Rectification deed dated 30.06.2012. Under said
Rectification deed, suit 'A' schedule property was bifurcated into ... learned
counsel for defendant contended that the measurement of suit
schedule property and measurement in Rectification deed differ.
There is 180 sq.ft. difference between
sufficient cause allow, the trial of the suit shall stand
stayed until the final disposal of the rectification proceedings.
(3) If no such application ... period of the stay of the suit."
9
Section 125 says that where in a suit for infringement of a registered
trademark the validity
