NOOR AFSHAN Vs. SHIV LOCK HOUSE

JUDGEMENT

(1.) I.A. 16425/2023 By virtue of the present application under Order XII rule 10 read with Sec. 151 of the Civil Procedure Code [CPC] for substitution of the name of the applicant Mr. Abdul Wahid / son of the erstwhile/ original plaintiff (hereinafter referred to as 'applicant') in place of the erstwhile/ original plaintiff Ms. Noor Afshan (hereinafter referred to as 'plaintiff'). (O 22 R 10 CPC)

(2.) Learned counsel for the applicant submits that the plaintiff had authorised him to file and prosecute the present suit on her behalf for all intents and purposes and that she expired on 24/12/2020. He further submits that the said plaintiff executed a Family Settlement-cum-Agreement dtd. 17/5/2016 (hereinafter referred to as the "Agreement") in his favour with respect to the trademark "Koyo" qua which the present suit was instituted by her and which is still pending before this Court.

(3.) Learned counsel for the applicant also submits that after the demise of the plaintiff, the applicant filed an application before the Trade Mark Registry alongwith the said Agreement as also other documents. He then submits that since the applicant has become the sole owner of the trademark "Koyo", he prays for allowing the present application and substitution of applicant as the plaintiff herein.