Pleading-based scrutiny in infringement suits prevents threshold rejection where cause of action, sales proof and jurisdiction need evidence.

A plaint alleging passing off, copyright infringement and rendition of accounts cannot be rejected at the threshold if the averments disclose a cause of action. At the stage of summons, the court must confine itself to the plaint pleadings; the defendant's exact role in the infringement chain, the absence of cash memos, and territorial jurisdiction are not finally determinable without evidence. The suit need not be restricted to the manufacturer alone and may proceed against other parties involved in the alleged infringement. The rejection of the plaint was therefore held unsustainable and set aside, and the suit was directed to proceed in accordance with law.

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Issues: Whether the plaint could be rejected at the threshold for want of cause of action, on the ground that the defendant was not the manufacturer, for absence of cash memos, and for want of territorial jurisdiction.

Analysis: The plaint disclosed a cause of action for passing off, infringement of copyright and rendition of accounts. At the stage of issuance of summons, the court was required to look only at the averments in the plaint. A suit of this nature is not confined to the manufacturer alone, but may lie against any party involved in the infringement chain. The absence of cash memos was not at that stage, particularly when clandestine sales are often made without such documents. The question of territorial jurisdiction also could not be decided finally without evidence and could be examined at a later stage.

Conclusion: The order rejecting the plaint was unsustainable and was set aside; the suit was directed to proceed in accordance with law.

Ratio Decidendi: A plaint alleging infringement and passing off cannot be rejected at the threshold where its averments disclose a cause of action, and issues such as the role of the defendant, proof of sales, and territorial jurisdiction are not conclusively determinable at the stage of summons.

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