JUDGMENT - S.C. PRATAP, J.:---The petitioner-plaintiff herein filed Regular Civil Suit No. 2 of 1982 in the District Court, Aurangabad, inter alia for declaration that the defendant is not entitled to use or copy the trade name and the copy right of he plaintiff firm 'Azeem Gadi Ghar' in any manner and for permanent injunction restraining the defendant not to use or carry on business in the said name. A claim by way of damages was also made.

2. The plaintiff had earlier filed Regular Civil Suit No. 144 of 1981 in the Court of the Civil Judge, (Junior Division), Aurangabad, for virtually the same reliefs aforesaid. The defendant, however, challenged the jurisdiction of that Court to entertain and try the said suit, which was in the nature of a passing off action, contending that, in view of section 105(c) of the Trade and Merchandise Marks Act, 1958 (for short 'the Act'), such action would lie only in the District Court. The Court observed that the point of jurisdiction would be considered by framing an appropriate issue in the suit. In the meanwhile and possible because of the defendant's objection of jurisdiction the plaintiff filed the present suit in the District Court. (The ear

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