Supreme Court · 1996 INSC 1321 · Decided 18 November 1996

M/S Bengal Waterproof Limited v. Mis Bombay Waterproof Manufacturing CO. and ANR.

Court
Supreme Court of India
Citation
1996 INSC 1321 · [1996] SUPP. 8 S.C.R. 695
Case number
CIVIL APPEAL No. 14610/1996
Decided
18 November 1996
Bench
A.S. ANAND, S.B. MAJMUDAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Limitation Act Section 22

Headnote

A B 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 C 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 wrong there would be corresponding, continuous D or

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