Law:

Section:

Civil Procedure Code (V of 1908)--- ----Ss.10 & 151---Clash of litigation(s)---Pendency of another suit on same subject-matter in issue in a suit or appeal---Stay of suit---Principles---No two adjudications were to be produced which may clash against each other, and whether such adjudications were made by ordinary courts or special courts was not of much consequence---Court, under its inherent powers, could stay its own proceedings where it was necessary in order to secure ends of justice and prevent abuse of process of the court---In order to determine if there existed clash in adjudication, form of litigation may not matter, and it was the substance of the litigation that counted. M/s H & B General Trading Co. v. International Marketing Co. 2009 CLC 359; Salim Industries Limited v. Burhani Trading Co. 1982 CLC 973; Dr. Haider Ali Mithani v. Ishrat Swaleh PLD 1999 Kar. 81 and Black's Law Dictionary 10th. Edition ref. Muhammad Amin v. Muhammad Yasin 1991 CLC 1298; Habib Bank Limited v. Ali Mohtaram Naqvi PLD 1987 Kar. 102; Amras Singh v. Behari Lal AIR 1930 Lah. 526; Makhan Lal Chaudhury v. Chandi Nath Majumdar AIR 1931 Cal. 779; Ch. Muhammad Afzal v. Mst. Sardar Begum PLD 1949 Lah. 16 and Kondapaneni Raghavaial v. Inguva Lakshminarayana AIR 1955 Andhra 04 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD SHAFI SIDDIQUI, J.--- This Revision application is arising of an order passed in Suit No.405 of 1996 having assigned new number on its transfer on account of pecuniary jurisdiction to District Court, as Suit No.1562 of 2002, dismissing an application of applicant under section 10 C.P.C. 2. The aforesaid suit involves a dispute as to proprietorship and user of trademark "Peek Freans" (subject trademark) as the said trademark is alleged to be abandoned and res derelicta. 3. The earlier proceedings before the Registrar Trademarks commenced on 29.03.1994 when the predecessor in interest of the applicant moved an application before the Registrar of the Trademarks. Such proceedings consequentially brought to the notice of the Registrar of Trademarks and culminated in an order dated 20.01.2001 against which an independent appeal bearing Miscellaneous Appeal No.21 of…

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