BIRAJA BILASH PAUL Vs. PREM ENGINEERING WORKS

JUDGEMENT

(1.) This is an application for revocation of leave under Clause 12 of the Letters Patent granted to the Plaintiff to institute this suit in this Court. In the petition two points were urged for revocation of such leave, viz. (i) no part of the cause of action as alleged in the plaint arose within the jurisdiction of this Court and (ii) the balance of convenience of trying this suit lies overwhelmingly in the appropriate Court in U.P. Mr. Bachawat appearing on behalf of the Applicant before me has urged only one point as the ground for revoking leave under Clause 12 of the Letters Patent, viz. no part of the cause of action in this suit arose within the jurisdiction of this Court.

(2.) This suit was filed by the Plaintiff, inter alia, for an injunction to restrain the Defendant, its agent and servants from infringing the patent belonging to the Plaintiff in respect of drawings and inventions mentioned in the plaint being Patent No. 96802 and dated December 2, 1964, and consequential relief including damages on account of wrongful infringement of the aforesaid patent. The Plaintiff, as alleged in the plaint, is the proprietor of the said patent bearing No. 96802 dated December 2, 1964, in respect of an invention of Calendria Pan for boiling sugar syrup quickly. The alleged infringement has been pleaded in para. 5 of the plaint.

(3.) The Plaintiff has also pleaded in para. 8 of the plaint as follows: