BADAR DURREZ AHMED, J.

1. The appellant/plaintiff is aggrieved by the judgment dated 27.07.2016 delivered by a learned single Judge of this court in CS(OS) 2266/2013, whereby the learned single Judge, while considering an application (IA No.18636/2013), which had been filed by the appellant/plaintiff under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’), thought it fit to return the plaint itself under Order VII Rule 10 of CPC inasmuch as, according to the learned single Judge, this court did not have the territorial jurisdiction to try the suit.

2. The appellant/plaintiff had instituted the said suit for permanent injunction to restrain the defendant/respondent from infringing the trade mark of the appellant/plaintiff, for passing off, infringing the copyright of the plaintiff, unfair competition, damages and delivery up, etc.. The trade mark of the appellant/plaintiff in respect of its whisky is “Officers Choice”, whereas that of the defendant/respondent is “Regular Choice”.

3. The learned single Judge was of the view th