JUDGMENT

SARKARIA, J.:— These two appeals on certificate arise out of a common judgment and decree, dated January 18, 1966, of a Division Bench of the High Court of Allahabad. The facts material to these appeals may be set out as under

2. M/s. Hindustan Metal Industries, respondent herein, (hereinafter called the plaintiff) is a registered partnership firm carrying on the business of manufacturing brass and German silver utensils at Mirzapur. M/s. Biswanath Prasad Radhey Shyam, appellant herein, (hereinafter called the defendant) is a concern carrying on the business of manufacturing dishes and utensils in Mirzapur.

3. On August 8, 1953, the plaintiff instituted a suit for injunction and damages, preceded by a notice served on the defendant on September 9, 1952, in the Court of the District Judge, Allahabad, within whose jurisdiction Mirzapur is situated, with these allegations.

4. The old method of manufacturing utensils, particularly shallow dishes, was to turn scrap and polish them on some sort of headstock without a tailstock, the utensils either being fixed to the headstock by thermaplastic cement or held in the jaws of a chuck fixed to the headstock. This system was, however, fr