- (1.) Challenge in the present appeal is to the order dated 29.4.2008, passed by the learned court below, whereby the application filed by the respondent under Order VII Rule 11 of the Code of Civil Procedure was allowed and it was ordered that the plaint in original be returned to the plaintiff-appellant
(2.) Briefly, the facts are that the appellant filed a suit for permanent injunction restraining the respondent from infringement of trade mark, copy right, rendition of accounts etc. against the respondent at Amritsar with the contention that the appellant is a duly incorporated company engaged in the business of rice export Since 1968, it had been using trade mark ''Pari'', which is duly registered. In addition to that the appellant is also registered proprietor of other trade marks, namely, ''Jal Pari'', ''Flying Pari'', ''Farishta'' and ''Sachdeva's Pari''. This registration is not limited in India, rather, me appellant got the trade mark ''Pari'' registered in other countries as well, as is stated in the plaint filed by it. The appellant got the copy rights for the artistic work in distinct design and device of ''Pari'' under the Copyright Act, 1957 (for short, 'the 1957 Act').
(3.) The suit was filed with the allegations that the respondent was guilty of violating and infringing the statutory right of the appellant under the Trade Marks Act, 1999 (for short, 'the 1999 Act') and is also passing off their goods as that of the appellant.;