WOCK HARDT VETERINARY Vs. RAJ MEDICO

JUDGEMENT

(1.) Plaintiff has filed this suit for permanent injunction, infringement of copyright and passing off. The relief is valued at Rs. 200.00 for the purpose of court free and jurisdiction and court fee of the amount of Rs. 20.00 has been affixed. However, for the relief of rendition of account of profits, it is valued at Rs. 200.00 for court fee & Rs. 5 lakh for purpose of jurisdiction. Paragraph 23(c) of plaintiff is : -

(2.) At the outset this Court look objection that the Court fee paid on the plaint was arbitrary, whimsical and without basis as nothing has been averred in the whole plaint regarding the profits illegally earned by the defendant or approximation of the sale conducted by the defendants. Not even a whisper in the plaint has been made regarding damages being suffered by the plaintiff except a bald averment in para 23(C) of the plaint that for the purposes of jurisdiction the plaintiff valued the relief for rendition of account at Rs. 5,50,000.00.

(3.) . Ajay Sahni, learned counsel for the plaintiff has addressed lengthly arguments mat it is the right of the plaintiff to value the relief for the purpose of jurisdiction under the provisions of Order 7 Rule 2 of me Court Fee Act, 1870 and Section 9 of the Suits Valuation Act, 1887 read along with Rule 3 & 4 of the Punjab and Haryana High Court Rules and on the basis of the aforesaid enactment Mr. Sahni has contended mat in view of the amendment in the Punjab & Haryana High Court Rules and in view of Rules 3 & 4 of the said amendment, the plaintiff has got the right to fix any value for suits for rendition of accounts. [In para 4, Rule 4 is reproduced].