( 1 ) THIS first appeal is directed against the judgment of a learned single Judge of this Court, who declded the suit between the partics on the Original Side of the High Court. The appeal, preferred TO against the judgment of the learned single Judge delivered on December 15. 1972. was admitted on February 28, 1973. That appeal came up for hearing before a Bench of this Court (Coram : S. N. Andley. C. J. and Prakash Narain. J. ). The Bench by its order of April 30, 1974 framed an additional issue and remanded the case back to the learned single Judge for a finding on the said issue and disposal of the suit thereafter. The second judg-ment in consequence of the remand order was delivered on January 27. 1975. The matter thereafter came up before us.

( 2 ) THE plaintiff/appellant produces and markets a toy called a viewer. This viewer uses a 35 mm. medially cut positive film on which are printed one or more pictures viewed through a lens fitted in a viewer specially adapted for use of such medially cm strips of 35 mm. positive films so as to get a virtual image of the same size as the virtual image of a normal frame in a 35 mm. film. The plaintiff obtained a paten