Rekha Sharma, J.

1. The Singer Company Limited and Singer India Limited are the plaintiffs before me. They claim that plaintiff No. 1 is the largest and most successful sewing machine company. It manufactures and sells sewing machines besides other variety of goods in around 150 countries including India under the trademark "Singer" which is registered in India since the year 1942 and that plaintiff No. 2 is an affiliate of plaintiff No. 1 and is a licensed user of its trademark. Based on these averments, plaintiffs have filed the present suit against the defendants who are manufacturing and selling Milling Machines, on the allegation that they have adopted the trademark "Singer" which is deceptively similar to their trademark in colour scheme and font and consequently, they are infringing their trademark and are also passing off their goods by riding on their piggy back. Hence, they have prayed for a decree of permanent injunction against the defendants restraining them from using the trademark "Singer" or any other deceptively similar trademark.

2. The defendants in response to the suit have filed an application under Order VII Rule XI of the Code of Civil Procedure (her