STANDARD GLASS BEADS FACTORY AND ANOTHER Vs. DHAR

JUDGEMENT

(1.) THIS is an appeal from an order of Mr. Justice Vishnu Datta dated the 21st January, 1959.

(2.) THE respondents had filed a suit against the appellants under Sec. 29 of the Indian Patents and Designs Act for an injunction to restrain the appellants and their servants or agents from infringing certain patents, relating to the manufacture of glass beads, registered in the name of the respondents. The appellants filed a written statement in which inter alia, they counter claimed for the revocation of the respondents patents. The learned District Judge thereupon by an order dated the 23rd December, 1958, directed that pursuant to Sec. 29(1) of the Act the suit be transferred to this Court. By the same order he granted the respondents a temporary injunction restraining the appellants from manufacturing, selling or using glass beads in infringement of the respondents patents. An appeal against so much of this order as related to the grant of a temporary injunction was dismissed by Mr. Justice Vishnu Datta. It is against that order that the appellants have filed this appeal.

(3.) SEC . 26(1) of the Indian Patents and Designs Act enumerates the grounds upon which revocation of a patent in whole or in part may be obtained on petition to or on a counter-claim in a suit for infringement before a High Court; and Sub-Sec. (2) of this section reads thus :