HASMUKHBHAI BHAGWANBHAI PATEL Vs. HUSENALI ANWARALI CHARANIYA

JUDGEMENT

(1.) Upon request and with consent of learned advocates for both the sides, present appeal is taken up for final hearing.

(2.) By way of this first appeal filed u/s 96 of the Code of Civil Procedure, 1908 (in short "CPC"), the appellant challenges judgment and order dtd. 18/4/2023 passed by the learned 3rd Additional District Judge, Dahod below applications Exhs.9 and 10 in Trademark Suit No.1 of 2023, whereby the learned Additional District Judge rejected plaint under Order 7 Rule 11 of the CPC inter alia on the ground of lack of jurisdiction.

(3.) The appellant is the plaintiff and the respondent is the defendant. For brevity, they are referred herein as per their original status before the learned Court below.