Law: Civil Procedure Code (V of 1908)

Section: 4

(a) Civil Procedure Code (V of 1908)----O. XXXIX, R. 4---Injunction, vacation of---Principle---Provision of O. XXXIX, R. 4, C.P.C. can be invoked seeking vacation of previous injunction order when it is unduly harsh and or unworkable, or where injunction order sought to be recalled is ex-parte. (b) Patents Ordinance (LXI of 2000)--Ss. 7, 23 27--- Civil Procedure Code (V of 1908), O. XXXIX, R. 4---Sealing order---Interim injunction, vacating of---Principles company was aggrieved of Sealing order passed by Controller Patents in favour of respondent company, with regard to patent in question company sought vacation of ad-interim injunction passed against operation of Sealing order of patent in question---Validity---Petition was filed after two years from date of passing of sealing order---High Court left the matter with Trial Court to be determined in main case whether proceedings were hit by laches or not---In intervening period no restraining order was passed in connected appeals, filed after dismissal of opposition by an earlier order of Controller of Patents---Parties were contesting their respective interest in litigation at Lahore by instituting suit in IPT Tribunal before Lahore High Court in which status quo order had been granted--- Patent in question was sealed vide order dated 12-11-2018 after publication, inviting objection, providing opportunity of hearing to all parties concerned, whereafter order rejecting objections was passed, which was subject matter before High Court in connected appeals---Fundamental requirement was completed before issuance of sealing order, which was being enjoyed by respondent company for couple of years, when a restraining order was passed in present proceedings---In terms of Art. 129(e) of Qanun-e-Shahadat, 1984, there was presumption that official acts were regularly performed---Unless act of Controller of Patents in sealing subject patent of respondent company was declared to be illegal in proceedings, Sealing order in question should not have been suspended---Ingredients of balance of convenience and irreparable loss were in favour of respondent company because rights and interest arising out of subject patent, in…

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