HALDIRAM BHUJIAWALA Vs. ANAND KUMAR DEEPAK KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been preferred by the two defendants, M/s. Haldiram Bhujiawala and Sri Ashok Kumar against the judgment of the Delhi High Court in FAO 365 of 1999 dated 30-11-1999. By that order the High Court summarily dismissed the appellants' appeal against the order of the learned single Judge dated 2-11-1999 in IA 5996/99 in Suit No. 635/92. The IA was filed under Order 7, Rule 11, CPC by the appellants for rejection of the plaint filed by two plaintiffs, Anand Kumar Deepak Kumar trading as Haldiram Bhujiawala and Shiv Kishan Agarwal, on the ground that the 1st plaintiff was a partnership not registered with the Registrar of Firms on the date of suit i.e. on 10-12-91 and that the subsequent registration of the firm on 29-5-92 would not cure the initial defect.

(3.) The suit was filed by the plaintiff (1) for permanent injunction restraining the defendants-appellants, their partners, servants etc. from infringing the trade-mark No. 285062 and from using the trademark/name 'HALDIRAM BHUJIAWALA' or any identical name/mark deceptively similar thereto (2) for damages in a sum of Rs. 6 lakhs and (3) for destruction of the material etc.