ORDER :

Markandey Katju, J.

Heard learned counsel for the petitioner.

2. This petition is directed against the judgment and order dated 29-5-2009 of the Division Bench of the High Court of Delhi by which the appellant-defendants have been restrained from using the words "HARA QILLA" and device "QILLA" in their bags/packets of rice as a trade mark.

3. Without going into the merits of the controversy, we are of the opinion that the matters relating to trade marks, copyrights and patents should be finally decided very expeditiously by the trial court instead of merely granting or refusing to grant injunction. Experience shows that in the matters of trade marks, copyrights and patents, litigation is mainly fought between the parties about the temporary injunction and that goes on for years and years and the result is that the suit is hardly decided finally. This is not proper.

4. Proviso (a) to Order 17 Rule 1(2) Civil Procedure Code states that when the hearing of the suit has commenced, it shall be continued from day to day until all the witnesses in attendance have been examined, unless the court finds that, for the exceptional reasons to be recorded by it, the adjournment of the he