Appeal by special leave from the judgment and order dated H May 29, 1964, of the Mysore High Court in Civil Petition No.
The action, as framed, companyld properly be instituted in the District Court.
The Judgment of the Court was delivered by Shah J. On May 5, 1964 the respondents hereinafter called the plaintiffs instituted in the High Court of Mysore an action in the nature of a passing off action against the appellants hereinafter called the defendants for a declaration that they are exclusive owners of the trade mark companysisting of the letters R.S.F. and No.
1 to 7.
90 of 1964.
806, for a permanent injunction restraining the defendants from passing off their washing soap as the goods of the plaintiffs and for incidental reliefs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In this appeal with special leave, companynsel for the defendants argues that the High Court had numberjurisdiction to entertain the action instituted by the plaintiffs and had numberpower to make an order issuing a temporary injunction.
By order dated May 29, 1964 the High Court granted the temporary injunction in terms of the prayer in the application.
It appears that on May 5, 1964 the District Court of Mysore, within the territorial limits of which the cause of action was alleged to have arisen, was closed for the summer vacation, and it is companymon ground that on that day there was numberJudge functioning in the District Court who was on duty and companypetent to exercise the powers of the District Court.
By s. 105 of the Trade and Merchandise Marks Act 43 of 1958 a passing off action whether the trade mark is registered or unregistered may be instituted in any companyrt number inferior to a District Court having jurisdiction to try the suit.
R. L. Iyengar, S. K. Mehta and K. L. Mehta, for respondents Nos.
771 of 1964.
At the request of the plaintiffs the High Court entertained the plaint and also an application for interim injunction restraining the defendants their agents or servants from using the trade mark R.S.F. on washing soap manufactured by them and from selling washing soap bearing the said offending mark pending disposal of the case.
S. Khanduja and Ganpat Rai, for the appellants.
