Judgment

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 consisting of the letters R.S.F. and No. 806", for a permanent injunction restraining the defendants from passing off their washing soap as the goods of the plaintiffs and for incidental reliefs.

2. By S. 105 of the Trade and Merchandise Marks Act 43 of 1958 a passing of action whether the trade mark is registered or unregistered may be instituted in any Court not inferior to a District Court having jurisdiction to try the suit. 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 common ground that on that day there was no Judge functioning in the District Court who was on duty and competent to exercise the powers of the District Court. At the request of the plaintiffs the High Court entertained the plaint and also an application for interim in