( 1 ) THIS appeal is filed by the defendant under clause 15 of the Letters Patent against the judgment of our learned brother Sambasiva Rao, J. dismissing C. C. C. A. No. 124 of 1970 (reported in AIR 1973 Andh Pra 51, Teju Singh v. Shanta Devi ).

( 2 ) THE plaintiff filed the suit O. S. No. 18 of 1970 in the Court of the Chief Judge, City Civil Court, Hyderabad, for an injuction restraining the defendant from using her trade name of business for recovery of Rs. 400. 00 by way of damages and together with other incidental reliefs. The trial Court decreed the suit only so far as injuction is concerned, but rejected the relief for damages. Aggrieved by this, the defendant filed C. C. C. A. No. 124 of 1970. The appeal was dismissed by our learned brother holding that the plaintiffs trade name is a distinctive name and that irrespective of the question whether he acquired any reputation or not, he is entitled to an injunction as the defendant has started his business very near the plaintiff subsequently and that there is also a likehood of deception or confusion among customers with respect to the name adopted by the defendant. Against the said judgment, the defendant fi