Update 1: chapter 20 - Infringement proceedings

20.42 An application for rejection of plaint is a preliminary objection which may be made on any one of the above grounds. In ascertaining whether the plaint discloses a cause of action, the court will assume that the averments made in the plaint are true as the court is not required to make an elaborate enquiry into doubtful and complicated questions of law and fact.Eureka Forbes Ltd v Hindustan Lever Ltd In (MANU/DE/0198/2008), the Division Bench of the Delhi High Court refused to entertain an appeal from the order of the single judge rejecting an application under O 7, r 11 for rejection of plaint in a suit for infringement of a patent on the ground that the plaint disclosed the cause of action and raised issues of fact and law of considerable importance that had to be adjudicated upon by the court.

Opinion of court in Interim proceedings
20.98a The court must refrain from expressing any opinion on the merits of the case at the interim stage. The opinion expressed by the court on different aspects touching the merits of the cases shall not be treated as the expression of a final opinion on those aspects which the court shall be free to determine at the conclusion of the trial (Eureka Forbes Ltd v Hindustan Lever Ltd (MANU/DE/0198/2008).