( 1 ) IN this suit the plaingtiff, who carries of business as kala Niketan , seeks a decree for permanent injury tion restraining the defendant, its servants, agensts, representatives and dealers from directly or indirectly, dealing in Sarees and other textile goods as kala Niketan or any other identical or deceptively similar trade name; an order for destruction of dies, blocks, transfer labels and any other material bearing the impugned trade name and for rendition of accounts.

( 2 ) ACCORDING to the allegations in the plaint, the business of selling Sarees as kala Niketan was started by Shrimati Momi Devi at 2343/2, Ajmal Khan Road, Karol Bagh, New Delhi, on April 7, 1957. In April 1958, she took her two sons, Shambhoo Nath Khanna and Krishan Lal Khanna, in partnership with her in the said business. Shambhoo Nath Khanna retired from the firm with effect from June 15, 1966. Shrimati Momi Devi also retired with effect from 1, 1972 after assigning her share and interests in the partnership business, goodwill, stocks etc. in favour of remaining partner, Krishan Lal Khanna, who was carrying on the said business as its sole proprietor since then. The trade name ka