JudgmentChagla, C.J.

1. This is an appeal from a judgment of Shah J., by which he set aside the order of the Registrar of Trade Marks directed the Registrar to register the mark of the petitioners as a trade mark. The petitioners applied on 12-1-1943, to the Registrar of Trade Marks for the registration of their mark in connection with cotton sewing thread. There was an opposition by the appellants the Registrar came to the conclusion that the mark which the respondents sought to register was likely to deceive cause confusion therefore he refused to register the mark. From this decision of his an appeal was preferred to the High Court, , as I just said, Shah J. after hearing the appeal came to the conclusion that the Registrar was wrong that the respondents were entitled to have their trade mark registered.

2. A preliminary objection has been taken by Mr. Desai that this appeal is not competent. The judgment of Shah J., is subject to appeal provided it constitutes a judgment within the meaning of Clause 15, Letters Patent, the relevant provisions of that clause material to this discu-sion are :

"And we do further ordain that an appeal shall lie to the said High Court of J

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