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 Jan., 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 Dec., 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.) Two preliminary objections were taken to the hearing of this appeal. First it was contended that the order of Mr. Justice Vishnu Datta did not amount to a 'judgment' within the meaning of cl. X of the Letters Patent and R. 5 of Chap. VIII of the Rules of Court. That objection was referred to a Full Bench which has now answered the question in favour of the appellants. The second objection was that as the appellants counter-claim was not in law a counter-claim at all the District Judge ought not to have transferred the suit to this Court. This objection is not in our opinion, well founded.