• Civil Procedure Code, 1908 (V of 1908) Order  3, Rule 1, 2 - Plaintiff required to step into the witness box as all the pleas raised by him to assail the sale deed were in his special knowledge and his attorney has not rendered any act in connection with the said sale deed - So, he was not competent to depose for the acts committed by the plaintiff himself - Only, the plaintiff-appellant could have the personal knowledge with respect to the fraud, misrepresentation and non payment of the sale consideration - He was also liable to be cross-examined by the opposite party on all these facts - There is no evidence to show  that the attorney was present at the time of execution and registration of the sale deed - So virtually there is no evidence from the side of the plaintiff to establish the pleas raised by him to assail the sale deed. (182) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) Order  3, Rule 1, 2 - Praying for interim injunction restraining the defendant from passing their goods under the trade mark `Do Gay Chhap' and "Do Gay Chhap (KACOM Device of Cow)" either directly or through its servants - Establishes that the respondent has been using the trade mark of `two cows' prior to the applicant including the monogram - Admittedly, the respondent is in the business of manufacturing, processing, marketing and selling cattle seeds, oil cakes, seeds etc. w.e.f. 1.09.1987 and going by the license, which was obtained by the appellant, it stepped into the same business from 15.12.1997, the balance of equity is in favour of the respondent - Restraint order - Upheld. (182) P.L.R.