Revocation Petition under Section 64 Patents Act cannot be Considered Suit under Section 10 CPC : Delhi High Court
The Delhi High Court has ruled that a petition seeking the revocation of a patent under Section 64 of the Patents Act cannot be regarded as a "suit" within the context of Section 10 of the Code of Civil Procedure (CPC). Section 64 of the Patents Act outlines grounds for patent revocation, while Section 10 of the CPC addresses the suspension of trial in a suit when a related matter is being considered in a previously initiated suit between the same parties.
Justice C Hari Shankar noted that without a specific provision equating a Section 64 revocation petition to a suit, the court cannot construe it as such. Deeming fictions, which create legal constructs, are the domain of legislation rather than the judiciary. The court clarified that Section 10 of the CPC doesn't halt overall proceedings, only the trial of the suit.
The court further elucidated that even when Section 10 of the CPC applies, the court handling the later suit can still issue interim orders under relevant provisions. Nevertheless, the court emphasized that it lacks the authority to establish a deeming fiction on its own when the law doesn't provide for it. In sum, the court concluded that a Section 64 revocation petition doesn't qualify as a suit under the ambit of Section 10 of the CPC.