R.M. Lodha, J. - (1.) Leave granted.
(2.) This appeal, by special leave, raises questions of legality of an ex parte decree passed by the trial court and affirmed in first appeal by the High Court of Madhya Pradesh.
(3.) M/s. M.S.S. Food Products-Respondent (hereinafter referred to as Plaintiff) sued the Appellants-(i) Dhariwal Industries Ltd. and (ii) Rasiklal Manikchand Dhariwal (hereinafter referred to as Defendants) in the court of 1st Additional District Judge, Mandaleshwar (West) Madhya Pradesh for declaration that Defendants do not have right to use the mark "Manikchand" to sell masala, gutka, supari, supari mix or any other goods which is deceptively similar to the mark "Malikchand; for perpetual injunction restraining the Defendants from dealing in or selling the above articles under the name/brand "Manikchand"; for rendition of the accounts of profits earned by the Defendants by selling the said goods and other consequential reliefs.;