PRIYA KRISHNAKUMAR PROPRIETOR UDAYA MASALA Vs. S.SUDHAKAR

JUDGEMENT

(1.) The defendants are the appellants in this appeal. They are aggrieved by the impugned Judgment dated 17.12.2019 passed by the learned Single Judge of this Court in A.No.9557 of 2019 in C.S.No.324 of 2017.

(2.) The learned Single Judge has dismissed the application filed by the appellants herein under Order XIV Rule 8 of Madras High Court, Original Side Rules, 1956 read with Order 8 Rule 1(a)(3) of C.P.C., to permit/allow the appellants/defendants to mark certain additional documents. The learned Single Judge has dismissed the said application with the following observations:-

(3.) In this appeal, the appellants submit that three documents which they sought to mark as Additional documents will prove that the respondents/plaintiffs have stopped using the trademark and that they have adopted a totally different trademark. It is further submitted that the documents which the appellants wants to mark were not available at the time of filing of the written statement or at the time of examination of the respondent's/plaintiff's witness and therefore, the Court erred in rejecting the prayer of the appellants/defendants to mark these additional documents under Order XIV Rule 8 of Madras High Court, Original Side Rules, 1956 read with Order 8 Rule 1(a)(3) of C.P.C.