JUDGMENT :

1. This appeal has been filed by the plaintiff under the Trade and Merchandise Marks Act, 1958. The facts of the case, briefly stated, are as under. The Brooke Bond India Limited, the plaintiff, has been dealing in coffee under registered trade marks. They found that the defendant. Nalini traders, had been using the offending labels and packing materials and offering under them for sale coffee to the members of the public. They therefore filed the present suit for a permanent injunction restraining the defendant from infringing their registered trade marks and also for restraining them from passing off their goods as if they were plaintiff's. They also sought accounts from the defendants of the business which they had carried on under those offending labels and packing materials. The learned 1st Additional District Judge, Guntur who tried the suit found that there was neither infringement of the plaintiff's registered trade marks by the defendants nor was there any passing off of their goods to the members of the public as if they were the plaintiff's goods. He therefore dismissed the suit.

2. It is that decree which is challenged by the plaintiff in this appeal. The act