5. Omittted. -[Omitted by Amendment Act, 1999] HIGH COURT AMENDMENTS Bombay.- In Order VI, for the existing Rule 5 and its marginal note, substitute the following as Rule 5 and marginal note:— “5. Further and better statement of particulars.— (1) A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading may in all cases be ordered upon such terms, as to costs and otherwise, as may be just. (2) No application for further and better particulars from the plaintiff or the defendant except the one given by the defendant on or before the returnable date of the summons or by the plaintiff on or before the first date fixed for hearing after the filing of the written statement, shall be entertained, unless the plaintiff or the defendant assigns good cause for the same. (3) Alter filing the written statement, the Court shall fix a date for (i) reception of documents other than those in possession or power of parties, and (ii) applications for interrogatories, discovery of documents and the inspection thereof. Such applications should not be entertained thereafter, unless good cause is shown to the satisfaction of the Court.” (1.10.1983). Karnataka.- Re-number Rule 5 as Rule 5(1) and add the following as sub-rule (2): “(2) In a suit for infringement of a trade mark or copyright, the Court may either on its own motion or on the application of any party apply the provisions of sub-rule (2) of Rule 4 of this Order so far as the circumstances of the case may allow.” (30.3.1967).
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