GLOBAL IMPEX REPRESENTED BY ITS PROPRIETOR RAJESH MANDOTH MYSORE Vs. GREENPLY INDUSTRIES LTD REPRESENTED BY ITS G PA

JUDGEMENT

(1.) This Civil Revision Petition arises out of order dated 15-7-2011 in I.A.No.2009/2008 in O.S.No.55/2008 on the file of XIII Additional Chief Judge- Fast Track Court, City Civil Court, Hyderabad.

(2.) The petitioner is the defendant in O.S.No.55/2008 filed by the respondent, alleging infringement of copyright. The petitioner filed I.A.No.2009/2008 under Order VII Rule 11 of the Code of Civil Procedure, 1908 for rejection of the plaint mainly on three grounds, namely,

(3.) At the hearing, Sri N. Subba Rao, learned counsel for the petitioner strenuously contended that as the petitioner does not have any branches within the jurisdiction of Hyderabad Court, no cause of action had arisen for filing the suit in the Court at Hyderabad and that therefore the plaint ought to have been rejected. The learned counsel further stated that the cause title, as originally shown in the pliant, wrongly described the defendant and that the respondent failed to show that its copyright was in force at the time of filing of the suit.