IN THE COURT OF CIVIL JUDGE SENIOR DIVISION, MATHURA

Suit No. of 2024

In Ref: Civil Suit for Patent Infringement

Mr. P --Plaintiff
VERSUS

D & Others --Defendants

Application on behalf of defendant-D under Order VII Rule 11 of the

Civil Procedure Code provides for rejection of plaint

Respectfully Showeth:

1. That the suit in the present form is not maintainable nor has the plaintiff got any locus-
standi to file the same.

2. That the plaintiff is stopped by his act and conduct from filing the present suit.

3. That the present suit filed by the plaintiff is barred by limitation, therefore, is liable to be
dismissed in the interest of justice.

4. That the plaintiff has not come to the Hon’ble Court with clean hand and concealed the
true facts. The plaintiff has filed the present suit without enclosing any document(s)
relied upon in the plaint against the answering defendant, hence the present plaint is
liable to be dismissed.

5. That the present suit for patent infringement is filed by the plaintiff before this Hon’ble
Court and further the plaintiff also admitted that the amount of Rs.3 Crore is spent in
Research and development pertaining to the suit patent and thus plaintiff has sought
Mandatory Injunction for infringement of suit patent and damages amounting Rs.1 Lacs
against the defendants.

6. That the allegation of infringement levelled by the plaintiff against the applicant-
defendant are totally false and frivolous in nature and not based on any document
attached with the plaint and hence is liable to be dismissed.
7. That it is relevant to mention here that the plaintiff has not disclosed any cause of action
in the plaint and therefore, there is no cause of action has also been arose in favour of
plaintiff and against the answering defendant in the plaint.

8. That the plaintiff also admitted in the plaint that Rs.3 Crore has been spent in research &
development and further has sought Mandatory Injunction for infringement of suit patent
and damages amounting Ras.1 Lacs, therefore relief claimed by the plaintiff is under-
valued and also petitioner has not prayed for correct the valuation to the court therefore,
the petition filed by the plaintiff is liable to be rejected against the answering defendant.

9. That the petitioner has not affixed the prescribed court fee on the plaint as per law,
therefore, the petition filed by the plaintiff is liable to be rejected against the answering
defendant.

10. That the petitioner has also not filed plaint in duplicate as it is mandatory under the
provisions of CPC (Rule 11(e), therefore, the petition filed by the plaintiff is liable to be
rejected against the answering defendant.

11. That the Plaintiff has not complied with Order VII Rule 9 and “(Rule 11(f)) and fails to
comply with the provisions of Rule-9 which are mandatory as per law, therefore the
petition filed by the plaintiff is liable to be rejected against the answering defendant.

“The Procedure on admitting plaint”

“Where the court orders that the summon being served on the defendants in the manner
provided in Rule-9 of order V, it will direct the plaintiff to present as many copies of the
plaint on the plain paper as there are defendants within 7 days from the date of such
order along with requisite fee for service of summons on the defendants”

It is, respectfully prayed that present application filed by the applicant-defendant may
kindly be allowed and petition filed by the plaintiff may please be rejected in the interest
of justice.

Place:

Dated: Applicant-Defendant-D