Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2

Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Interim relief, grant of ---Scope of jurisdiction conferred by O. XXXIX, Rr. 1 & 2, C.P.C.---Nature of an order made under O. XXXIX, Rr. 1 & 2, C.P.C.---Scope---Interim relief under O. XXXIX, Rr. 1 & 2, C.P.C. was intended to be a preventive or prophylactic remedy for purposes of preserving status quo or the corpus of litigation pending final determination thereof---Such an order could not confer unjustifiable rights without such rights ever having been adjudicated or even being within the contemplation of the suit/litigation. Islamic Republic of Pakistan and others v. Zaman Khan and others 1997 SCMR 1508 and Rahat Khan v. Tahir Naveed 2009 CLC 433 rel. THIS JUDGMENT DELIVERED BY: AGHA FAISAL, J.--- The present appeal has been preferred against the order of the learned Single Judge of this Court dated 05.09.2018 ("Impugned Order") in determination of C.M.A. 909 of 2014 ("Application"), preferred in Suit 12 of 2014 ("Suit"). It may be pertinent to reproduce the operative constituent of the Impugned Order by virtue whereof the Application was dismissed. "By that as it may, while I have no hesitation in granting the prayer of the plaintiff that the defendants should not disturb the plaintiff's use of the trademark RITE, I must hold that the plaintiff be permitted to use the said trademark in colour and getup as registered by it under Registration No. 176689 strictly and not to adopt the distinctive colour of the defendants' packaging or their biscuits itself. And in case the plaintiff by adopting a colour scheme and colour of biscuits choses to sail closer to the products/wrappers of the defendants, passing off action would sustain and any continuous use of the trademark out to be restrained. In these circumstances where a grant of the instant application where the Plaintiff aims to use deceptively similar packaging of defendants' products, having travelled far away from the registration obtained by the Plaintiff will only facilitate passing off, the instant application is dismissed." 2. Mirza Mahmood Baig, Advocate set forth the case on behalf of the appellant and argued that the…

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