1. By this application under Order 39 Rule 1 & 2 CPC read with Section 151 of Civil Procedure Code, plaintiff sought injunction against defendant restraining defendant from use of trademark, word/ mark, house mark “JAGGI” and restraining defendant from using the logo, tradedress and carton with trademark “JAGGI”.

2. Plaintiff has claimed itself to be a partnership firm of three partners namely Mr. Om Prakash Jaggi, Mr. Sudesh Kumar Jaggi and Ms. Priya Rani Jaggi. It is stated that this partnership firm was formed in 1955 under an oral agreement between Mr. Darshan Lal Jaggi and Mr. Om Prakash Jaggi and it was reduced into writing in 1959 and since then the partnership firm namely „Jaggi Ayrvedic Pharmacy? has been using the trade name “JAGGI” and logos, trade dress, work/mark “JAGGI” and it became owner and proprietor of the word/ mark “JAGGI” and became copyright owner of trade dress, logos etc.

3. Defendant on the other hand has resisted granting of any injunction on the ground that the suit was filed by a dissolved partnership firm and was not maintainable. Ms. Priya Rani Jaggi, one of the partners, filed a suit 1798 of 2002 making Mr. Om Prakash Jaggi and Mr. Sudesh Jaggi