T.R. Ramachandran Nair, J.

The appellants herein were defendants in O.S.No.4/1978 on the file of the Additional District Court, Thrissur. The suit was one for injunction restraining the defendants from passing off the Ayurvedic medical preparations of the defendants as those of the plaintiff, and for consequential reliefs.

2. The Additional District Judge found that the plaintiff is entitled to a decree and accordingly decreed the suit. The appellants herein filed A.S. No.17/1988 before this court which was dismissed by the learned Single Judge, on the ground of non production of the decree alone and not on the merits of the matter. The said judgment is assailed in this appeal. The appeal was dismissed as time barred by the learned Single Judge on a preliminary objection raised by the respondents that the appellants have not produced copy of the decree along with the appeal.

3. The suit was one arising under the Trade and Merchandise Marks Act, 1958. The decree was passed by the Additional District Judge on 9.12.1987. Appeal A.S.No.17/1988 was filed by the appellants on 12.1.1988. This was done without producing a printed copy of the judgment and with a copy of the last pa