- Court
- Rajasthan High Court
- Date of judgment
- Judge
- Sudesh Bansal
- Outcome
- Dismissed
Headnote
Both writ petitions allowed and the suit at Jaipur dismissed, with liberty to the plaintiff to sue afresh in a court having jurisdiction. The plaintiff's registered mark having been cancelled in December 2019, the claim for injunction and damages founded on infringement did not survive. The suit could not be continued at Jaipur on prior user and passing off instead, because the prayer was wholly based on infringement, the pleadings on prior user and passing off lacked material facts, and no cause of action on that footing arose within the territorial jurisdiction of the District Court at Jaipur, the defendant's school being at Pune. Since passing off is a recurring cause of action, the Court exercised its inherent power under section 151 CPC ex debito justitiae to dismiss the suit rather than let it continue with those defects.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.