54 CAP. 400] Patents (d) the defendant shall, with his statement of defence or plea or on the order of the Court at any subsequent time, deliver particulars of any objections on which he relies in support thereof; (e) at the hearing no evidence shall, except by leave of the Court, be admitted of any infringement or on any objec­ tions of which particulars have not been so delivered; if) the Court may allow the patentee to amend his specifica­ tion, subject to such terms as to costs, advertisement or oth­ erwise as it may impose and to the provisions of subsection (3) of section forty-three. (2) In any action under this section where an exclusive licensee is the plaintiff, the patentee shall, unless he is joined as plaintiff in such action, be added as defendant: Provided that a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the pro­ ceedings. (3) If the patentee is the plaintiff in any such action, 'he shall give notice thereof to the exclusive licensee under the patent in question and any such licensee shall be entitled to intervene as a co-plaintiff and to recover any damages he may have suffered as a result of the infringement. - (4) No action under this section shall lie in respect of an infringe­ ment which took place before the publication referred to in subsec­ tion (2) of section twenty-one. (5) In an action for infringement of a patent, the plaintiff shall be entitled to relief by way of injunction or interdict and damages and the Court may, on application, make such order for an injunction, interdict, damages, inspection or account and impose such terms and give such directions as it may deem fit. (6) In an action for infringement of a patent in respect of an inven­ tion which relates to the protection of a new substance, any substance of the same chemical composition and constitution shall in the absence of proof to the contrary be deemed to have been produced by the patented process. (As amended by G.N. No. 185 of 1964) Relief for infringement of partially valid specifi­ cation 54. Where, in any action for the infringement of a patent, the Court finds that any claim in the specification in respect of which the infringement is alleged is valid, but that any other claim thereunder is invalid, then, notwithstanding the provisions of section fifty-three, the following provisions shall apply, namely: