M.V.RAGHUVEER Vs. M.ABUBUCKER

JUDGEMENT

(1.) THESE three Civil Revision Petitions have been filed against the orders passed by the Principal District Court, Madurai in I.A.Nos.20,21 & 22 of 2012 in O.S.No.61 of 2006. The said Interlocutory Applications were filed for re-opening the case for letting additional evidence, to condone the delay in filing the documents sought to be produced and to recall P.W.1 (the plaintiff) for further examination.

(2.) THE suit has been filed for the following reliefs: a) Permanent injunction restraining the defendant therein (revision petitioner) from in any manner passing off its services by adopting, using and copying the plaintiff's service Mark 'NAAZ' as 'NAAZ' or any other similar mark. b) Mandatory injunction against the defendant (revision petitioner) to surrender all the products, packing materials, labels etc., in the market to the plaintiff for destroyal and for the removal of the name apparently seen below the name of the defendants. c) Award costs.

(3.) THE said petitions were opposed by the revision petitioner contending that the plaintiff who failed to produce the document along with plaint and failed to include it in the list of documents could not be allowed to produce the document as he had not obtained the leave of the Court to produce it at a later point of time. On similar reasoning, the other petitions were also opposed. In short, the contention of the revision petitioner was that the filing of the petitions was an attempt on the part of the respondent/plaintiff to fill- up the lacunae caused in his case.