( 1 ) THIS is an appeal by the defendant, Abinash Chandra Chowdhury and is directed against the judgment and decree dated 21st December 1949 passed by Mr. M. M. Bhattacharjee, 1st Extra Additional District Judge, Alipore, District 24-Pergunnahs in Title Suit No. 65 of 1945.

( 2 ) THE suit out of which this appeal arises, was for a permanent injunction restraining the defendant from passing off the batteries of plaintiff No. 1 as the defendant's batteries by the use of the trade mark 'sakti' and by issuing handbills advertisements etc. , claiming a right to the said mark, for delivery up to the plaintiff for destruction of all stocks, signboard, cards, handbills etc. , bearing the mark Sakti or in the alternative for an order on the defendant to efface such marks and for accounts of illegal profits made by the defendant from the commencement of his sales of batteries with the mark Sakti.

( 3 ) THE defendant contested the suit. The substance of the pleadings has been set in the judgment under appeal and appears sufficiently from the facts stated in the two appeals judgments wherein have just now been delivered.

( 4 ) ON the pleadings, 15 issues were raised for trial.

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