Amitava Lala, J. - (1.) This is an application for revocation of leave under Clause 12 of the Letters Patent and dismissal of the suit along with other prayers in connection thereto.
(2.) It appears from the plaint that the suit was instituted some time in 1999. The plaint was verified by Srimati Kamala Devi Agarwal, the plaintiff herein on 8th July, 1999 which was subsequently reverified. Under this suit the following prayers are made by the plaintiff : "The plaintiff prays for leave under Clause 12 of the Letters Patent and Order 2 Rule II of the Civil Procedure Code, 1908, and claims : (a) Declaration that the alleged Deed of Dissolution dated November 16, 1974 is fraudulent, illegal, null and void; (b) Delivery up and cancellation of the alleged Deed of Dissolution dated November 16, 1974; (c) Decree declaring the assignment of the Trade Mark "Haldiram Bhujiawala" being registration No. 285062 in Class 30 in favour of defendant No. 5 granted by defendant Nos. 1 to 4 is illegal, null and void and not in accordance with law and unenforceable; (d) Perpetual injunction restraining the defendants and each of them from in any way or manner giving any or any further effect to the said alleged Deed of Dissolution dated November 16, 1974 and/or placing any reliance thereon; (e) Perpetual injunction restraining the defendant No. 5 from using the Trade Mark "Haldiram Bhujiawala" being registered Trade Mark being No. 285062 class 30 in any manner whatsoever; (f) If necessary, declaration that the defendants have been brought on record as registered proprietors of Trade Mark Registration No. 285062 wrongfully, illegally and fraudulently; (g) Decree for dissolution of the said firm of Chandmal Gangabishan and a preliminary decree in Form No. XXI of Appendix 'D' to the First Schedule of the Civil Procedure Code would be passed; (h) After taking of accounts and completion of acts required under the said preliminary decree, a final - decree in Form No. XXII of Appendix 'D' to the First - Schedule of the Civil Procedure Code be passed; (i) Decree directing the defendants No. 1 to 5 to render true and faithful accounts of all their dealings and transactions by utilising and exploitation of the said Trade Mark - "Haldiram Bhujiawala" and make over such sum as may be assessed after taking all accounts to the credit of the said partnership firm for the purpose of taking in to account and distribution of surplus' assets of the said partnership firm; (j) Perpetual injunction restraining the defendants No. 1 to 5 and/or their servants and agents from using the Trade Mark "Haldiram Bhujiawala" bearing registration No. 285062 class 30 in relation to or in connection with their business in any manner whatsoever; (k) Attachment; (l) Receiver; (m) Accounts; (n) Further and/or other reliefs."
(3.) In the said plaint, the plaintiff sought for leave under Clause 12 of the Letters Patent to institute the suit in this Court on the basis of the pleadings as made in paragraph 34 of the same which is as follows : "Inasmuch as, a part of the cause of action as - pleaded in paragraphs 7 and 9 hereof has arisen within the jurisdiction aforesaid and inasmuch as a part thereof as pleaded in paragraph 23 thereof has arisen outside the jurisdiction aforesaid, the plaintiff prays for leave Clause 12 of the Letters Patent to institute the suit in this Hon'ble Court.";