CPC Case Brief – Archie Comics v. Purple Creations (Amendment of Plaint)

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Facts:- The Appellant had instituted a suit inter alia for permanent injunction, infringement of trademark, damages, against the Respondents claiming to be engaged in the field of printed matter, paper articles, newspapers, periodicals, comic books and a lot of other girly shit. According to the Appellant they are the proprietor of Archie Comic Publication Inc. and own the “ARCHIE” trademark with its variations.

The Respondents are allegedly involved in the business of manufacturing and selling kids wear under the said trademark.

Issue:-  In the plaint it is nowhere averred that the Appellant is having its office anywhere in India. Thus, from the pleadings it is evident that the Appellant has no place of work in India; THEREFORE the Respondents moved an application under Order 7 Rule 11 for rejection of the plaint urging that the Court of Delhi had no jurisdiction, as neither the Appellant carries on his work or personally works for gain at Delhi nor the Respondents reside or carry on business nor any cause of action has arisen in Delhi. The Appellant filed an application under Order 6 Rule 17 to add some pointers against the respondent.

Holding:-This case talks about amendment of a plaint and states if the plaint discloses incomplete facts then an opportunity for amendment can be given to the plaintiff however if the plaint completely fails to disclose any of the facts then such amendment of a plaint cannot be given.

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