ORDER :

1. Being aggrieved by the order dated 7.11.2020 passed below Exh-5 in Trade Mark Suit No. 1 of 2020 by the 2nd Additional District Judge, Kalol, the original defendant has preferred the present Appeal from Order under Order 43 Rule 1 of the Code of Civil Procedure.

2. The appellant is the original defendant and defendant is the plaintiff before the trial Court. For the brevity and convenience, the parties are referred to in this order, as per their status before the trail Court.

3. The brief facts of the case of the plaintiff in nutshell is that the plaintiff is a Company incorporated under the Companies Act, 1956 and engaged in the business of manufacturing, marketing and selling of sugar confectioneries, milk chocolates containing nuts, fruits, raisins, caramel, chocolate confectionery and all types of confectioneries. That the plaintiff is well-known manufacturer of the said goods and having wide set-up and network in the country which have become very famous and acquire tremendous reputation and goodwill in the market and public at large for its good quality throughout the country. The plaintiff has also stated regarding the facts of various trademarks, which he has applie