Supreme Court of India
M/s Bengal Waterproof Limited v. Mis Bombay Waterproof Manufacturing Co. and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the aforesaid authoritative pronouncement of the Constitution Bench of this Court the learned Trial Judge as well as learned Single Judge of the High Court ought to have held that the plea raised by the defendants in the present case is barred at the threshold as the defendants had not produced on the record of the Trial Court the pleadings in the first suit.
Judgment, page 10
From the headnote
Civil Procedure Code, 1908-0r 2 R 2 (3)-Bar in respect of claim of relief in subsequent suit-The plea of bar under Or 2 R 2 (3) CPC is maintainable only if the defendant files in evidence before the trial Court the pleadings in the previous suit to prove identity of cause of action in the two suits-Inference about the bar cannot be culled merely from the plaint in the second case-Attempt to bring the pleadings of the earlier suit on record at the stage of proceedings before Supreme Court not allowed. Trade and Merchandise Marks Act, 1958, Copy Right Act-In case of continuing or recurring
Authorities it was built on
Where later benches applied it
- 2012 M/s Virgo Industries (eng.) P.ltd. v. M/s.venturetech Solutions P.ltd.
- 2017 Bapusaheb Chimasaheb Naik-nimbalkar (dead through Lrs.) & Anr. v. Mahesh Vijaysinha Rajebhosale & Ors.
Of those, 1 relied on · 1 referred to
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