( 1 ) THE respondents filed a suit against the defendants on the basis of a registered trade mark claiming a perpetual injunction, passing off and rendition of accounts, on the Original Side of this Court. The claim of the plaintiffs was that they had a registered trade mark javahar in respect of diesel oil engines. According to the plaintiffs, the defendants had applied for registration of the trade mark jawahar in respect of diesel oil engines for the States of U. P. , Punjab, Haryana, Bihar, Rajasthan and the Union Territories of Delhi and Chandigarh. This application No. 291514b was advertised in the Trade Mark Journal. The object of the suit was to injunct the defendants from using the trade-mark jawahar or a deceptively similar trade mark.

( 2 ) A preliminary issue was framed on the pleadings in the suit as follows:-

"has this Court jurisdiction to try the suit?"on this issue, evidence was examined on the basis of which it was held that there was no evidence that there had been any sale of these diesel oil engines in Delhi. Furthermore, the defendants claimed that they had not advertised in Delhi about their product. The Court held that the jurisdiction