ARCHIES GREETINGS AND GIFTS LIMITED Vs. GARG PLASTIC

JUDGEMENT

(1.) This review application seeks review and/or recall of order dated 17th May, 2000 passed by this Court. The original plaint filed by the Plaintiff Archies Greetings & Gifts Limited prayed for a perpetual injunction restraining the defendants, Garg Plastic from manufacturing, selling or otherwise dealing in photo frames and wall clocks and similar other reliefs on the ground of violation of infringement of the registered Trade Mark 'Archies' and for other ancillary reliefs. For the purpose of this review petition, it is not necessary to go into the merits of the matter. However, by an order dated 17th May, 2000, this Court disposed of the suit by passing the following order:

(2.) It is this order dated 17th May, 2000 which is sought to be reviewed/recalled by the present application on the following pleas:-

(3.) The present review petition is filed to set aside the order dated 17th May, 2000 and the main plea raised is the non-compliance of provisions of Order 23 Rule 3 CPC and the stand taken by the defendant is that as per the position of law laid down by the Hon'ble Supreme Court in Gurpreet Singh v. Chatur Bhuj Goel, AIR 1988 Supreme Court 400, the application under Order 23 Rule 3 must be signed by both the parties and the following observation of the Hon'ble Supreme Court in paragraph 10 of the above judgment is relied upon: