Lakha Ram Sharma Vs. Balar Marketing Pvt. Ltd.

Lakha Ram Sharma Vs. Balar Marketing Pvt. Ltd.

2003 (27) PTC 175 (SC)

Appellant filed a suit claiming that he is a proprietor of a trademark ‘KUNDAN’ and ‘KUNDAN CAB’ in respect of PVC Wires and Cables and that the Respondent was using the appellant’s trademark. Appellant applied for amendment of the Plaint. Application for amendment was allowed. High Court, however, disallowed one part of the amendment, i.e., where the Appellant sought to raise the valuation of the Suit from Rs. Rupees One Lakh to Rupees Ten Lakhs. High Court held that the application to raise valuation is not bonafide as it is been made to put the suit out of the jurisdiction of that court.

Against the said order of the High Court, Appellant filed an appeal. In Appeal, the Supreme Court held that, “it is settled law that while considering whether the amendment is to be granted or not, the Court does not go into the merits of the matter and decide whether or not the claim made therein is bonafide or not. That is a question which can only be decided at the trial of the Suit. It is also settled law that merely because an amendment may take the suit out of the jurisdiction of that Court is no ground for refusing that amendment.”

The Appeal was allowed.