( 1 ) THE facts leading to this application by the defendant succinctly are that the plaintiff-M/s. Thermofriz Insulations Private Limited instituted a suit for injunction, rendition of accounts and damages etc. , on the allegations that they were registered proprietors of the trade mark "thermofriz" under registration Number 283711/b in Class 19 in respect of non-metallic fibre boards tor use as building material for ceiling and panelling, that the same had been widely advertised having been written in a special style and the plaintiff had acquired a distinctive reputation because of the superiority of their goods. However, the defendant. Shri Mohan Rai trading as Vijay Udyog fraudulently and dishonestly adopted the trade mark THERMOFRI2 in order to gain undue advantage of the reputation of the plaintiff and started passing off his inferior goods as that of the plaintiff.

( 2 ) DURING the pendency of the suit, one Vinod Kumar Bhuwalka, sole proprietor of firm styled M/s. Vijay Chemicals moved an application under O. XXII Rule 10 read with Section 151 of the Civil P. C. (hereinafter referred to as the Code), being I. A. No. 1005/80, for substitution in place of the origin