Badar Durrez Ahmed, J.

1. This appeal is directed against the order dated 20.11.2013 passed by a learned Single Judge of this Court in I.A.No.10244/2011 whereby the learned Single Judge has directed return of the plaint. I.A. No. 10244/2011 was a composite application by the respondent/defendant under Order 7 Rule 10 and Order 7 Rule 11 CPC. Insofar as the plea under Order 7 Rule 11 CPC is concerned, that was targeted against the infringement action which the appellant/plaintiff had brought in the said Suit CS (OS) 1188/2011 with regard to the Trade Mark “HERITAGE”. By virtue of paragraph 13 of the said order dated 20.11.2013 the learned Single Judge had come to a conclusion that no Suit for infringement could lie. The exact words used by the learned Single Judge were as under:-

“13. It must further be noted that admittedly HFIL holds registration for the identical mark HERITAGE for the same goods and therefore in terms of Section 28(3) TM Act no suit for infringement would lie against HFIL.”

2. The said portion of the order dated 20.11.2013 constituted a decree inasmuch as it amounted to a rejection of the Suit for infringement which had been brought by the appellant/pl