Judgement date:02.11.2022
Suitl No. :CS Comm No.430 of 2022
Name of Court: High Court of Delhi
Name of Hon'ble Justice: Jyoti Singh H.J.
Case Title: Silver maple Healthcare Services Pvt.Ltd. Vs Dr.Tajinder Bhatti
The Hon'ble High Court of Delhi was pleased to adjudicate application of the Defendant under Order 7 Rule 11 CPC. The Plaintiff has given up the claim of Infringement for Trademark DHI. However the Plaintiff insisted for the claim of disparagement.
The Defendant basic argument was that the suit is liable to be rejected under the provision of Order 7
Rule 11 CPC as the same suffer from mis-joinder of parties.
The Hon'ble High Court of Delhi reiterated the well settled proposition of law that while adjudicating
application under Order 7 Rule 11 CPC, only averment made in the plaint has to be seen.
The defenses raised by the Defendant in the written statement is not required to be seen while
deciding application under Order 7 Rule 11 CPC.
The Court rejected application of the Defendant under Order 7 Rule 11 CPC by
observing that mis joinder of necessary party can not be a ground for rejection of Plaint under the
provision of Order 7 Rule 11 CPC.
Ajay Amitabh Suman, [IP ADJUTOR]
IPR Advocate, Hon'ble High Court of Delhi.
ajayamitabh7@gmail.com, 9990389539
D/1027/2002
=============
Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.
=============
