ABDULLAHKHAN SAHEBKHAN Vs. MOHAMMAD ISMAIL

JUDGEMENT

(1.) THIS appeal arises Prom an order passed by the Additional District Judge, Bhopal, setting aside the ex parte injunction which he had previously passed.

(2.) THE Appellants Abdullahkhan, Gulam Mohommad, Yakubkhan and Respondent No. 1 Mohommad Ismail, are all brothers, being sons of one Sahebkhan who died in 1948. Originally, Sahebkhan and his four sons constituted a firm and started Bidi business sometime about the year 1918 and adopted a trade mark styled as 'Nag Chhap'. It is alleged by the Plaintiffs that in the year 1943 Sahebkhan and his sons became separated by a private arrangement which was reduced to writing and was signed by all of them. Thereafter Sahebkhan and his three sons, the Appellants, formed a firm and continued the Bidi business with the same 'Nag Chhap' trade mark. In August 1948, Sahebkhan died and the three brothers (the Plaintiffs) continued the business under a fresh agreement of partnership. It is also alleged by the Plaintiffs that the 'Nag Chhap' trade mark was registered in 1948 at Bombay under the Indian Trade Marks Act, in the name of the Plaintiffs and it was exclusively used by them, and that the Defendant Mohommad Ismail had no concern with that trade mark.

(3.) THE learned trial Judge at first passed an ex parte order but on the objection of the Defendant, the same has been revoked and it is against the subsequent order that the Plaintiffs have preferred this appeal.