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As per case facts, a suit for intellectual property rights filed in 2000 was challenged by the appellant seeking extension for a written statement. The Single Judge dismissed this. The
...appellant appealed, asserting the plaintiff never lodged the writ of summons, making the suit invalid, and further, the subsequent transfer order to the Commercial Division was a nullity. The question arose whether the suit was validly pending for transfer and adjudication, particularly given the plaintiff's failure to lodge the writ of summons and the alleged nullity of the transfer order. Finally, the High Court held that no writ of summons was lodged, and the suit ceased to be pending after three years from its filing. Consequently, the transfer orders were nullities, the Single Judge's impugned order was without jurisdiction, and thus the appeal is maintainable. The impugned order is set aside, and the suit along with all applications is dismissed.
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