( 1 ) THE plaintiff instituted the present suit praying for perpetual injunction against the defendant restraining passing off the trade mark of the plaintiff and also for damages and rendition of accounts. The plaintiff has been carrying on his business of manufacturing and marketing of hardware goods under the name and style of M/s. Acme Industries. It is stated that during the year 1979 the plaintiff bonafide and honestly adopted and conceived the trade mark FLORA in relation to his aforesaid goods. The plaintiff states that the said mark is being used by him since then openly, continuously, exclusively and extensively. In the same year the plaintiff also honestly devised the label/wrapper/ carton entitled FLORA in a attractive lettering style to which the plaintiff is the first adopter, originator and author. It is stated that on account of continuous, regular and extensive use of the said trade mark FLORA in relation to hardware goods of the plaintiff the said trade mark has come tobe associated with the name of the plaintiff. The plaintiff has also applied for the registration of the said trade mark FLORA in the Trade Marks Registry under the provisions of the