RAJESH H. SHUKLA, J. - The present First Appeal has been filed by the appellant-original plaintiff challenging the judgment and order passed by the learned Assistant Judge, Junagadh at Porbandar in Trade Mark Suit No.1 of 1985 dated 09.09.1991 on the grounds stated in the memo of First Appeal inter alia that the learned Judge has erred in comparing the respective trade marks according to the well-established principles of comparison of trade marks before expressing any opinion. It is also contended that the learned judge ought to have appreciated that the Suit for infringement is statutory remedy and whether the trade mark is in actual use or not is immaterial. It is also contended that the learned Judge has failed to appreciate that Section 18(1) of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as “the Act) relates to registration of the trade mark and does not deal with the trade mark already registered and it is not necessary to have any prior use of the trade mark before registration. It is also contended that the learned Judge has failed to appreciate that the appellant has been manufacturing the chemical products since 1922 and it has entered into