“Appellate forum can only be used if appellant is able to make out a plausible case”: Delhi High Court

The Delhi High Court while hearing an appeal against an order passed by the Trial Court observed that the appellate forum can only be used if the appellant is able to make out a plausible case. It cannot be used if a new issue/question of law or fact has emerged that never existed before the Trial Court, Court said.

The Division Bench of Justice Manmohan and Justice Saurabh Banerjee while hearing an appeal filed by one Jain Shikanji Pvt. Ltd. against the order passed by Trial Court observed that if there is a new question of fact/law that never existed before the Trial Court, then appeal is not the right way to move forward.

The instant appeal was filed to adjudicate upon the legality of the impugned order wherein the appellant was restrained from using the trademark ‘Jain Shikanji’. The Trial Court in this case restrained Jain Shikanji Pvt. Ltd. from selling, offering for any sale of goods, advertising or promoting any product under the trademark similar or deceptively similar to the trademark and allowed the application of Satish Kumar Jain.

The Delhi High Court while dismissing the appeal relied upon the judgments passed by the Apex Court in the cases of, Wander Ltd. & Anr. vs. Antox India P. Ltd. and Shyam Sel and Power Ltd. & Anr. vs. Shyam Steel Industries Ltd. The appellants tried to add some fresh documents but the High Court denied the same and observed that fresh documents cannot be considered for adjudication under Order XLIII Rule 1(r) of the CPC.

“As appellant in the present appeal, in addition to filing fresh documents (which have already been dealt hereinbefore), has tried to agitate and rely upon averments and pleadings beyond pleadings before the learned Trial Court, the same cannot be considered for adjudication under Order XLIII rule 1(r) of the CPC. Generally, no party like the appellant can be allowed to improve/ built upon its case, much less at an Appellate stage as the proceedings before the Appellate forum of subsequent instance are nothing but an extension/ continuation of the earlier proceedings before the original Court of first instance,” the court observed.

The court also stated that the appellate forum cannot be used to discharge the functions of a Court of first instance. “Appellate forum is not to substitute its view for a possible/ plausible view which in its opinion is or can be otherwise to what has been held by the learned Trial Court,” the court observed. The High court dismissed the appeal in the present case with no costs.

Case Title: Jain Shikanji Pvt. Ltd. vs. Satish Kumar Jain