Question: A publishes a series of books under the title “The Oxford and Cambridge Publication” so as to induce the belief that the books are publications of the Oxford and Cambridge Universities or either of them. Both Universities join as a plaintiff in the suit to restrain A from using the title. Discuss with reasons whether both the… Read More »

Question: A publishes a series of books under the title “The Oxford and Cambridge Publication” so as to induce the belief that the books are publications of the Oxford and Cambridge Universities or either of them. Both Universities join as a plaintiff in the suit to restrain A from using the title. Discuss with reasons whether both the universities can jointly sue A or not. Find the answer to the mains question only on Legal Bites. [A publishes a series of books under the title...

Question: A publishes a series of books under the title “The Oxford and Cambridge Publication” so as to induce the belief that the books are publications of the Oxford and Cambridge Universities or either of them. Both Universities join as a plaintiff in the suit to restrain A from using the title. Discuss with reasons whether both the universities can jointly sue A or not.

Find the answer to the mains question only on Legal Bites. [A publishes a series of books under the title “The Oxford and Cambridge Publication” so as to induce the belief that the books are publications of the Oxford and Cambridge Universities or either of them. Both Universities join as a plaintiff in the suit to restrain A from using the title. Discuss with reasons whether both the universities can jointly sue A or not.]

Answer

In this problem, where ‘A’ publishes a series of books under the title of “Oxford and Cambridge Publications” so as to induce the belief that the books are the publication of the Oxford and Cambridge Universities, the two universities may join as plaintiffs in one suit to restrain ‘A’ from using the title because the publication and belief are the common questions of fact arising from the same series of transactions.

In this problem, all the conditions necessary to constitute a representative suit are fulfilled namely:

  1. Numerous parties
  2. Same or similar interest on subject matter of suit.
  3. Permission of the Court for presentation of suit.
  4. Notice to all parties.

Persons having the same interest may authorize anyone to sue on their behalf and persons against the common interest should be treated as defendants. If any person who ought to have been joined as plaintiff does not consent to join as plaintiff, he may be a defendant in the suit.


Important Mains Questions Series for Judiciary, APO & University Exams

  1. CPC Mains Questions Series: Important Questions Part – I of X
  2. CPC Mains Questions Series: Important Questions Part – II of X
  3. CPC Mains Questions Series: Important Questions Part – III of X
  4. CPC Mains Questions Series: Important Questions Part – IV of X
  5. CPC Mains Questions Series: Important Questions Part – V of X
  6. CPC Mains Questions Series: Important Questions Part – VI of X
  7. CPC Mains Questions Series: Important Questions Part – VII of
  8. CPC Mains Questions Series: Important Questions Part – VIII of X
  9. CPC Mains Questions Series: Important Questions Part – IX of X
  10. CPC Mains Questions Series: Important Questions Part – X of X
Updated On 2022-03-03T12:55:28+05:30
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