Law: Trade Marks Ordinance (XIX of 2001)

Section: 46

Trade Marks Ordinance (XIX of 2001)--S.46---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1, 2---Suit against infringement of Trade Marks---Application for interim injunction---Dismissal of application for injunction--Application for restoration of---Application for interim injunction filed by the plaintiff having been dismissed for non-prosecution, plaintiff filed application for restoration of application for interim injunction---Counsel for the plaintiff in his affidavit filed with application for restoration had stated that as his name was not printed in the computer list issued by High Court Bar Association, he remained uninformed about the fixation of the case on relevant date of hearing---Contention of counsel for plaintiff that he remained unaware about the fixation of the case in the court, appeared to be of substance---Application for restoration was allowed, subject to deposit of cost in the High Court within 7 days and in case of failure on the part of counsel for the plaintiff to deposit said cost accordingly, restoration application would be deemed to be dismissed. PLD 1978 Kar.210 ref. ORDER MS. RUKHSANA AHMED, J.---Learned counsel for the plaintiff has filed application being C.M.A. No.3284 of 2010 which is taken up for hearing, in which it has been prayed that the application under Order XXXIX, Rule 1 and 2, C.P.C. being C.M.A. No. 1956 of 2010 which was dismissed for non-prosecution on 16-3-2010 may be restored. The said 15 application is supported with personal affidavit of Advocate, in which it is stated that initially this court was pleased to grant interim injunction in favour of the plaintiff on 11-11-2009. It is contention of Advocate for the plaintiff that his name was not printed in the computer listed issued by High Court Bar Association therefore, he was remained uninformed about the fixation of the said case on 16-3-2010. On the other hand, learned Advocate for defendant through his counter-affidavit to the said application stated that whatever stated by Advocate is incorrect and he further argued that since last three dates the names of the Advocates appearing in the case is printed on the cause list comes in the same bracket and…

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