PANNALAL JANGID Vs. ICHRAJ BAI CHORADIA AND ORS.

JUDGEMENT

(1.) These writ petitions were filed challenging the order passed by the trial Court as per Annexure -A - I.A. No. 7 and also the order of trial Court passed on I.A. Nos. 5 and 6.

(2.) The suit summons were issued to the defendant Nos. 1 to 3 in the said suit. In reply to service of suit summons, the defendants have not at all appeared in the said matter and they have been placed ex -parte. Plaintiff proceeded in the matter and has given his oral evidence and also produced necessary documents in support of the pleadings that has been made in the plaint. Said suit came to be decreed and the reliefs as claimed in the suit as against the defendant Nos. 1 and 2 restraining them from using the trademark of plaintiff and so also the direction from the Court restraining the defendant No. 3 from giving advertisement on behalf of defendant Nos. 1 and 2 by using the trademark of the defendants is also issued in the said suit. The judgment and decree passed by the Court below was not at all challenged by the writ petitioners, who were defendant Nos. 1 and 3 in the said suit. Hence, judgment and decree passed by the trial Court becomes final.

(3.) Subsequently, the respondent/plaintiff filed an application under Order 21 Rule 32 CPC and the writ petitioners herein also filed two (2) applications i.e., I.A. Nos. 5 and 6 under Order 21 Rule 26 CPC. Said applications were opposed by both the sides by filing their objections statement.