(1.) This first appeal is at the instance of a plaintiff and is directed against the order dated 14th August, 2009 passed by a learned single Judge of this Court by which His Lordship dismissed the suit as against the defendant No.2 on the ground of non-service of writ of summons, however, with liberty given to the plaintiff to institute a fresh suit against the said defendant as the suit was one for infringement of registered trademark.
(2.) Being dissatisfied, the plaintiff has come up with the present appeal. The following facts are not in dispute:
(3.) Being dissatisfied, the plaintiff has come up with the present appeal.