SHINING INDUSTRIES Vs. SHRI KRISHNA INDUSTRIES

JUDGEMENT

(1.) THIS appeal arises out of the judgment and decree dated 27th August, 1970 passed by a learned Single Judge in a suit under Section 29 of the Indian Patents and Designs Act.

(2.) THE suit out of which the appeal has arisen was filed by Messrs. Shri Krishna Industries, a registered partnership firm (hereafter to be called the respondent), doing business in the manufacture of locks. The respondent's case, briefly stated, was as follows :-

(3.) THE suit was resisted by the appellants. It was admitted by them that they were manufacturing the lock marked "Narain Lock". They, however, pleaded that the respondent firm was not the first and true inventor of the lock of which it had obtained patent, nor was it the legal representative nor an assign of the first inventor. According to the appellants, the mechanism of the locks manufactured by the respondent was commonly used by other manufacturers as well and that the appellants were manufacturing their locks since much before the respondent obtained the patent. It was also pleaded by the appellants that the mechanism of the lock could not be got patented by the respondent because it was neither an invention nor did it involve any improvement. A number of other pleas were also raised by the appellants, but in view of the contentions raised before us, it is not necessary to refer to them. It may, however, be added that the appellants in their written statement also put in a counter-claim for the revocation of the patent.