Day-to-day hearing in intellectual property suits should be strictly enforced to avoid delay and secure swift final adjudication.

In trademark, copyright and patent suits, the proviso to Order XVII Rule 1(2) of the Code of Civil Procedure was emphasised as requiring day-to-day hearing once trial begins, unless exceptional reasons are recorded. The text stresses that intellectual property litigation should not be prolonged by repeated interlocutory contests or avoidable adjournments, and that courts should ordinarily aim for prompt final adjudication within a short time frame. Interference with the impugned injunction order was declined, and the proceeding was disposed of with directions and observations to secure expeditious conclusion of the suit.

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Issues: Whether, in suits relating to trademarks, copyright and patents, the proviso to Order XVII Rule 1(2) of the Code of Civil Procedure, 1908 should be strictly enforced so that the suit proceeds day to day and is decided expeditiously; and whether interference was called for with the impugned injunction order.

Analysis: The matter emphasised that litigation in intellectual property disputes often becomes prolonged at the interlocutory stage, with repeated contests over temporary injunctions delaying final adjudication. It was stated that the proviso to Order XVII Rule 1(2) of the Code of Civil Procedure, 1908 requires day-to-day hearing once trial commences, unless exceptional reasons are recorded, and that this discipline should be strictly followed in trademark, copyright and patent suits. The Court also indicated that such matters should ordinarily be concluded within a short time frame.

Conclusion: The proviso to Order XVII Rule 1(2) of the Code of Civil Procedure, 1908 should be strictly complied with in intellectual property suits, and the suit should proceed expeditiously on a day-to-day basis. Interference with the impugned order was declined.

Final Conclusion: The proceeding was disposed of with directions and observations aimed at ensuring prompt final adjudication of the suit.

Ratio Decidendi: In suits concerning trademarks, copyright and patents, trial courts should ordinarily enforce day-to-day hearing and avoid avoidable adjournments so that final adjudication is reached expeditiously.

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