( 1 ) THE present suit has been instituted by the plaintiff against the defendants seeking for a permanent injunction restraining the defendants from passing ott of the trade mark of the plaintiff as also the copyright of the plaintiff and also for rendition ot accounts.

( 2 ) THE defendant No. 2 filed an application under Order 7, Rule 11, Civil Procedure Code praying for rejection of the plaint on various grounds raised in the application. One of the grounds taken in the said application is that the present suit is barred under Section 69 of the Partnership Act. The defendants have stated that on the date when the present suit was filed by the plaintiff, the plaintiff was an unregistered firm and since no suit could be instituted by a partnership firm linless the firm is registered and the person suing is shown in the Register of Finns as a partner in the firm, the suit is barred and, therefore, is liable to be dismissed on that count alone. It is, however, necessary to mention that apart from the aforesaid ground several other ground shave been raised by the defend ants in the a foresaid application seeking for rejection of the plaint.

( 3 ) HOWEVER, at the time of a