ORDER :

This Civil Revision Petition challenges the order passed by the Additional District Court, Thodupuzha (for short, 'the trial court') in IA No.5/2022 in OS No.1/2022 dismissing an application seeking to reject the plaint under Order VII Rule 11 of the Code of Civil Procedure (for short, C.P.C.).

2. The petitioner is the defendant and the respondent is the plaintiff. The suit is one for declaration that the plaintiff is the registered owner and user of the trademark MISTY MOUNTAIN in relation to the services of providing food, drinks and temporary accommodation and consequential permanent prohibitory injunction to restrain the defendant from using the said trademark or passing off their services under the said trademark. The plaintiff is a partnership firm carrying on the business of running hotels and resorts in Idukki, Kerala. The defendant also is a partnership firm engaged in the same business in Munnar, Idukki. The case of the plaintiff is that its predecessor adopted the trademark MISTY MOUNTAIN in 1999 and deployed in trade in relation to “Misty Mountain Plantation Resort”, which commenced operation on 18.1.1999 and has been in constant and uninterrupted use of the said