GLAXO SMITHKLINE PHARMACEUTICALS Vs. EUDORA LABORATRIES PVT. LTD

JUDGEMENT

(1.) The order impugned before this Court is the order dated 14.1.2009 wherein the application filed by the plaintiff seeking amendment of his plaint under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter referred to as the 'Code') had been dismissed. The present suit had been filed on 27.8.1997; it was a suit for infringement of trade mark, passing of, rendition of accounts. Issues had been framed on 27.1.1998. The matter was initially being tried by the High Court and thereafter because of enhancement of pecuniary jurisdiction of the subordinate Courts, the matter stood transferred to the District Courts. This was on 31.10.2003. On 29.3.2006, the present application under Order 6 Rule 17 of the Code had been filed. By way of this application, the plaintiff had sought enhancement of accounts which were to be rendered by the defendant; initial amount of Rs. 5 lacs was sought to be enhanced to Rs. 20 lacs corresponding amendments in the paragraphs relating to cause of action and relief were accordingly sought to be amended.

(2.) The primary defence of the defendant was that the application was filed belatedly; it cannot be allowed in view of proviso to Order 6 Rule 17 of the Code; it was pointed out that the affidavit by way of evidence of the petitioner had also been filed prior to the date of filing of the application; these contentions of the defendant found favour with the Court and the present under Order 6 Rule 17 of the Code was accordingly dismissed.

(3.) Order 6 Rule 17 of the Code reads as under: