Sir John Beaumont.-

This is an appeal by special leave from a judgment and decree dated 19th June 1939, of the Supreme Court of the Island of Ceylon which reversed a judgment and decree dated 17th June 1938, of the District Court of Colombo. The suit out of which this appeal arises was brought on 11th November 1936, in the District Court of Colombo by T. P. Sokkalal Ram Sait (who is hereinafter called the plaintiff) against E. P. Kumaraval Nadar, who was defendant 1, his partners, the respondents 2-4 who were defendants 2-4, and respondent 5, who was defendant 5, and was the manager in Ceylon of the other defendants. The plaintiff died pending the appeal to His Majesty in Council; and the appellant, as administrator of his estate, has been brought on record as appellant. The said E. P. Kumaraval Nadar also died pending the appeal, and his widow and children have been substituted for him as respondent 1.

[2] By his plaint, the plaintiff alleged that he was the manufacturer of beedies (a small and cheap type of cigarette) and carried on business in Colombo; that in connection with such business he was the proprietor of a trademark consisting of the device of a portrait of the plaintiff