Kapur, J. - (1.) This is an application, by Messrs. Watkins Mayor & Company, Jullindur, for rectification of the registration of a trade-mark under Section 46 of the Trade Marks Act, 1940.
(2.) An objection has been taken on behalf of the opposite party, Jessa Singh- Uttam Bingh of Bombay to the jurisdiction of this Court. The petitioners have alleged that they are the registered owners of the trade-mark 'Lion' - 'Sher Marka' since 1926 and that the opposite party by getting registered a trademark with the figure of 'Tiger' or 'Panther' have infringed their trade-mark-
(3.) The question of jurisdiction depends on the interpretation of Sections 46 and 72 of the Trade Marks Act. The petitioners have also made an application for amendment of their petition under Order VI, Rule 17, Civil Procedure Code. In this they allege that a permanent injunction was obtained by them in the Court of the District Judge, Jullundur, on the 21st March 1950 and they took out an execution of that decree on the 2lst August 1951 i.e., during the pendency of the application in this Court. By this application the applicants have tried to bring their case within Section 72 (a) of the Act which is as follows: "72. Where under this Act an applicant has the option of making an application either to a High Court or to the Registrar: --(a) if any suit or other proceedings concerning the trade mark in question is pending before a High Court or a District Court, the application shall be made to that High Court or, as the case may be, to the High Court within whose jurisdiction that District Court is situated.";