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The Patents Act, 1970

Chapter XV — POWERS OF CONTROLLER GENERALLY

Section 77Controller to have certain powers of a civil court

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Section 77: Controller to have certain powers of a civil court

77. Controller to have certain powers of a civil court

(1)

Subject to any rules made in this behalf, the Controller in any proceedings before him under this Act shall have the powers of a civil court while trying a suit under the Code of Civil Procedure,1908 (5 of 1908), in respect of the following matters, namely:—

(a)

summoning and enforcing the attendance of any person and examining him on oath;

(b)

requiring the discovery and production of any document;

(c)

receiving evidence on affidavits;

(d)

issuing commissions for the examination of witnesses or documents;

(e)

awarding costs;

(f)

reviewing his own decision on application made within the prescribed time and in the prescribed manner;

(g)

setting aside an order passed ex parte on application made within the prescribed time and in the prescribed manner;

(h)

any other matter which may be prescribed.

(2)

Any order for costs awarded by the Controller in exercise of the powers conferred upon him under sub-section (1) shall be executable as a decree of a civil court.