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Keywords: Result: Petition dismissed JUDGMENT Zulfiqar Ahmad Khan, J.:- Pursuant to the order of this Court dated 08.08.2016, the plaintiff's counsel came fully prepared to argue his case and to discharge the initial burden as to the maintainability of the instant suit. The learned counsel submits that per paragraph-21, the cause of action arose on April 22, 2014 when the plaintiff obtained drug registration for a pharmaceutical composition branded as 'sivab' from the Drug Regulatory Authority of Pakistan (DRAP) consisting of the same active ingredient which is the subject matter of the patents allegedly granted to the defendants. The counsel further contended that having acquired the said drug registration from DRAP, anticipating that if the said drug was put to sale, the patent holder might initiate legal proceedings against the plaintiff for the infringement of its respective patents therefore this suit was filed, wherein at page 17, a prayer is also made that the patents (belonging to the defendants) relating to the instant molecule, chemical composition and active ingredients were illegally granted and as such these patents should be revoked. At this point, the learned counsel was queried as to how the said registration of drug (for which the application was made by the plaintiff itself) in its own name would amount to be a hurt caused or wrong committed by the defendants and propel the cause of action against the present defendants? The counsel had no satisfactory answer as to how this court could exercise its judicial powers to come in aid of the plaintiff for an act done by the plaintiff itself, of which the defendants had no remote possibility of knowing. Further, regarding court's powers in patent revocation matter, the learned counsel's attention was drawn to section 46 of the Patent Ordinance, 2000 wherein a person can request High Court's indulgence in a patent revocation matter provided, the requirements laid down in the said section are met. Section 46 enables any person to approach a High Court on a counter claim in a suit or to attack an action filed against him by the defendant for the infringement of latter's patent, unless there are no…

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