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Section 5 of the limitation Act.=delay of (3776) days in filing the aforementioned proposed first appeal suit =the plaintiff at the instance of the villagers had committed that he would not execute the decree.- It is hard to believe that the plaintiff, who had obtained a decree on merits, after a serious and long drawn contest, had made such a commitment. Further, even if any such commitment was said to have been made, still, the Government officer concerned should have approached the Assistant Government Pleader and ought to have obtained his opinion and ought to have got preferred a first appeal and ought to have got the settlement recorded in the said appeal.;The next cause urged for condonation of delay is that the record was misplaced and could not be traced till the execution petition reached an advanced stage of the evidence on the side of the judgment debtors/ Government. The said averment lays bare that even after the execution petition was filed, no sincere efforts were made by the officer and his staff concerned for tracing the file. Therefore, the reasons assigned ex facie appear to be not sufficient and valid reasons for condonation of the long delay of more than (3500) days.

Order 18 Rule 2, in cases where there are several defendants, some supports the plaintiff and some opposes the same, what should be the order of leading evidence or cross examination amongst such defendants = basically on the principle that the party supporting the plaintiff should first lead the evidence, before the defendants opposing the plaintiff 10. Lastly, in the basic judgment as , Shah Hiralal Himatlal and Ors. v. M.G. Pathak and Ors., while dealing with the provisions of Order 18 Rule 2, in cases where there are several defendants, some supports the plaintiff and some opposes the same, what should be the order of leading evidence or cross examination amongst such defendants, the principle as laid down is reproduced as under : "4. So far as the defendants go, the question which of the defendants should begin has not been dealt with in Order 18, Civil Procedure Code. But on general principle, if any of the defendants supports the plaintiff in whole or in part, then he should address the court and lead his evidence first before the other defendants who do not support wholly or in part the plaintiffs case. The order in which the defendants lead evidence becomes important only when some of them support the case of the plaintiffs in whole or in part while the others do not. If all the defendants completely oppose the plaintiff's case, then the question of order of leading evidence amongst the defendants is immaterial. It is only when the defendants are divided into two groups, one group consisting of the defendants supporting the plaintiff's case in any part, that the question of order of leading evidence becomes important. In such cases among defendants the order of leading evidence should be as follows : 1. Those defendants who fully support the case of the plaintiff; 2. Those defendants who partly support the case of the plaintiff; 3. Those defendants who do not support the case of the plaintiff in any part."

Order XXXIX, Rules 1 and 2 CPC read with Section 151 CPC for grant of ad-interim injunction restraining the defendant from manufacturing, selling, marketing, advertising, distributing of the product Karl Fisher Reagent bearing the plaintiffs trade name Stable 2Y++ Single Solution KF Reagent pending disposal of the suit. = When plaintiff is using the trade mark of KF 2Y, no cause of action arises for granting of injunction, as such, granting of injunction restraining the defendant from using the trade mark KF 2Y++ is erroneous. A perusal of Exs.P3 to P13 and Exs.R2 to R5 goes to show that labels and style of font mentioning as Stable 2Y++ and the colour and logo are also not similar and back ground is also not similar. Besides the logo, the plaintiff is using the word Standard Reagents whereas the defendant is using Shine Chem Laboratories. As far as Single Solution is concerned, it is descriptive word and Stable 2Y++ even according to the plaintiff, is descriptive in nature. The numeral 2 along with Y++ refers to the stability period being 2 years and single solution refers to composition of the solution. The mark Stable 2Y++ Single Solution of the plaintiff does not have any distinctiveness and the descriptive sentence Single Solution KF Reagent cannot be called as a proprietary mark or the trademark. Whether the words Stable 2Y++ has attained secondary meaning regarding the products of the plaintiff has to be gone into in the suit after evidence is let in by both parties.

Order VII Rule 14(3) CPC = to decide the quantum of compensation, earnings of the victim is a relevant factor -Petitioner has explained the reasons for not filing these documents along with the O.P. and that explanation was not disputed by the opposite parties. The Tribunal instead of allowing the claimant to produce those documents in evidence dismissed the applications merely on hyper technicalities.- Considering these aspects, I feel that the Tribunal has grossly erred in dismissing both the applications and failed to exercise the judicial discretion vested in it.

Suit for Declaration the alleged sale deeds of which they are not parties are null and void and not binding on them and also for injunction – court fee is only on Notional value but not on the value of sale deeds as per sec.24 of A.P.C.F. & S.V.ACT= 46. The reliance on Section 24 by the court below in this regard also cannot be sustained since the provisions therein would be attracted only if the petitioners have sought a declaration of their title and sought relief of possession/injunction or if they sought for a declaration that documents to which they are parties are null and void or a declaration of any nature other than one sought for in the plaint. The said provision would have no application in a situation where the petitioners are not parties to the documents which they wish to be declared as null and void and not binding on them. 2015 Oct. http://judis.nic.in/Judis_Andhra/list_new2.asp?FileName=13278