CAMLIN PRIVATE LIMITED Vs. NATIONAL PENCIL INDUSTRIES

JUDGEMENT

(1.) This appeal has been preferred against the composit order passed on 7/11/1985 by the learned Single Judge rejecting the plaint on the ground that the plaint do not disclose cause of action against the defendant and simultaneously dismissing the application filed by plaintiff/appellant under Order 39 Rules 1 and 2 Civil Procedure Code seeking temporary injunction against the defendant.

(2.) On 17/4/1985 plaintiff filed suit against the defendant claiming the following reliefs:-

(3.) The aforementioned reliefs were claimed by the plaintiff, inter alia, alleging that amongst the famous products of the plaintiff are Camlin in FLORA pencils, which are highly distinctive and are manufactures and sold in distinctive and artistic cartons since 1977. In para 4 of the plaint, plaintiff described the distinctive features of the FLORA pencils and same were duly explained in paragraphs 5, 6 and 7 of the plaint.