JUDGMENT:- This appeal has been filed against the ex-parte order dated 25th March/96 in T. S. No. 1 of 1996 by the Learned District Judge, Kamrup.

2. A suit was filed by the respondents for declaration and permanent injunction and for rendition of accounts under Section 29 for restraining infringement and under Section 27(2), Section 105(C) and Section 106 alleging passing off under Trade and Merchandise Marks Act, 1958 (hereinafter called the Act). The following reliefs were prayed for :

(i) For permanent injunction restraining the defendants their servants, agents, atterneys etc. from manufacturing selling and / or offering for sale directly or indirectly dealing in candles under the trade mark PRINCE FIGHTER or any other trade mark as may be deceptively similar to the trade Mark ROCKET and DEVICE of the Rocket and particular get up and passing of the candles of the defendants as and for that of the plaintiffs.

(ii) For declaration that the plaintiffs and their users of franchise are the registered owners of the candles with the registered trade mark Rocket and Device of the Rocket with distinctive get up and is only authorised to manufature and market the sa