2003 (8) TMI 578

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rties. 3. A very short question is involved in this appeal. The appellant had filed a Suit claiming that he is a proprietor of a trademark 'KUNDAN' and 'KUNDAN CAB' in respect of PVC Wires and Cables and that the respondent was using the appellant's trademark. Permanent injunction, rendition of accounts and other reliefs were claimed. The appellant applied for an amendment o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t. That is a question which can only be decided at the trial of the Suit. It is also settled law that merely because an amendment may take the suit out of the jurisdiction of that Court is no ground for refusing that amendment. We, therefore, do not find any justifiable reason on which the High Court has refused this amendment. Accordingly, the impugned order is set aside and that of the trial cou .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X