( 1 ) THIS is an application under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure filed by the plaintiff/applicant. During the pendency of the suit, the plaintiff obtained the registration of its mark classic bearing No. 503609b for tooth brushes, hair brushes, nail brushes in Clause-21 under the Trade and Merchandise Mark Act, 1958. The plaintiff had filed the suit for passing off. After obtaining the registration of its mark, by this application plaintiff wants to amend plaint and in addition to the relief of passing off, wants to add relief for infringement. Plaintiff wants to amend the title of the suit and paragraphs 5,11,17 and 19 of the plaint.

( 2 ) AMENDMENT application has been opposed by the learned counsel appearing for the defendants/non-applicants. Mr. Ajay Sahni has contended that by proposed amendment the plaintiff wants to change the very basis and nature of the suit. Mr. Sahni has contended that action of passing off and infringement are two distinct cause of actions and plaintiff cannot be permitted to now claim the cause of action on account of infringement of trade mark after having filed a suit for passing off. Mr. Sah