( 1 ) THROUGH this petition which is under Article 227 of the Constitution of Indian petitioner is seeking quashing of order dated 20. 8. 2004 passed by learned Additional District Judge directing the plaintiff to amend his plaint and incorporate facts disclosing the identity, legal character and status of the defendant so that court can come to conclusion that the defendant being sued is a person , even before ordering issuance of summons of the notice.

( 2 ) BRIEFLY stated facts leading to this petition are that, petitioner herein filed a suit under Sections 27 (2), 28 and 29 read with sections 134 and 135 of the Trade Marks Act, 1999 and sections 51 and 55 of the Copyright act, 1957 alleging that the petitioner has been manufacturing analgestic pharmaceutical product containing 10 mg of Dicyclomine Hydrochloride ip 65 mg of Dextropropoxyphene Hydrochloride BP and 400 mg of acetamnophen IP. The plaintiff has been using spasmoproxyvon as their trade mark for last 26 years and by now they have acquired enormous good will in the market which is evidenced by gradual increase in the sales, year-wise details of which are given in para 19 of the plaint. The plaintif