Absence of jurisdiction is one of the primary grounds vouched
while contending the rejection of a plaint in a civil suit. The
present case of Singer Co. Ltd. and Anr. v. M/s Chetan Machine
Tools and Ors. [2009 (39) PTC652] evidences an application for
rejection of plaint for lack of jurisdiction by the defendants,
while the plaintiffs seek an amendment of plaint to strengthen
their grounds as to the Court's jurisdiction being present, in
a Trademark dispute.
Singer Co. Ltd. and Singer India Ltd., proprietors of the
country's largest and most successful sewing machine company ,
and having presence in over 150 countries under the trademark
"Singer" which is registered since 1942. They moved to
Court alleging Chetan Machine Tools of using a deceptively similar
trademark and prayed for a decree of permanent injunction. In
contravention, Chetan Machine Tools filed an application under
Order VII Rule 11 to seek rejection of the plaint on the ground
that no cause of action
