( 51 ) FOURTHLY, there is no reasonable prospect that the inquiry would reach a positive result. Kerly says that account of profits is an equitable remedy and the court has a discretion whether or not to grant it. Only in certain cases will the court grant an account of profits. I do not think this is one of those cases where I ought to order an inquiry into profits.

( 52 ) AT the fag end of the case before me the defendants made an application (CM 962 of 1979) for additional evidence. I do not think there is any ground to allow the application as none of the conditions of 0. 41 rule 27, Code of Civil Procedure is satisfied. The application, is accordingly dismissed.

( 53 ) FOR these reasons the appeal is dismissed. Cross-objections are allowed to this extent that it is held that the defendants-appellants, in addition to infringement of registered trade mark, are also guilty of the tort of passing-off. Cross-objections are dismissed in so far as the claim for accounts of profits is concerned. The decree for injunction passed by the trial court is affirmed. The defendants are ordered to deliver up the offending boxes, wrappers, letters heads for destruction. The defendants shall pay

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