JUDGMENT

R.M. Lodha, J.

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.

4. The case of the plaintiff is this: Prabhudayal Choubey son of Ramprasad alias Malikchand started the business of supari, ayurvedic pan masala and ayurvedic medicines in the brand name “Malikchand” in the year 1959-60. He continued his