( 1 ) IN a suit seeking to restrain the defendant from manufacturing, marketing, selling or advertising any milk and dairy product under the trade mark "madhuratan", the defendant has filed this application under Order 7 Rule 11 CPC for rejection of the plaint on the ground that it does not disclose any cause of action and this court lacks territorial jurisdiction to deal with it.

( 2 ) THE plaintiff s case in brief is that it is engaged in the business of processing, manufacturing and marketing a wide range of milk and dairy products, including ghee under the trade mark "madhu" since the year 1970; it is proprietor of the said trade mark on account of its honest and bona fide prior adoption; it has been using "madhu Label" in an artistic make up and distinctive and associated get up and owns the copyright on it; its trade mark has already become distinctive and associated with the plaintiff s goods on account of its continuous, extensive and exclusive user and the public at large associates the said trade mark to the goods of the plaintiff. It is stated that the defendant, who is also engaged in the manufacture and sale of milk and dairy products, has adopted and started