( 1 ) THE respondent has been served. There is no appearance on behalf of the respondent. We have heard the learned Counsel for the appellant. After hearing the counsel, weare of the view that the impugned judgment dated 11th February, 2000 cannot be sustained. Briefly the facts are that the plaintiff/appellant filed a suit for passing off trade mark and infringement of copyright besides rendition of accounts against the defendant. Plaintiff is said to be manufacturing match boxes for the last about five years under the trade mark "a. B. C. (label)" and selling the same with label/ carton /wrapper in distinct and artistic design and have acquired a copyright. It was alleged that the defendant/respondent recently started manufacturing and marketing match boxes adopting identical and deceptively similar trade mark "a. D. C. (label)" thereby infringing the plaintiff s trade mark and passing off his goods as those of plaintiff. The learned Single Judge has rejected the plaint at the threshold without issuing summons to the defendant holding that the suit does not disclose any cause of action. This appeal is directed against the said order of the learned Single Judge. Mainly the learned

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