1. - This first appeal has been filed by INDO BRINE INDUSTRIES LIMITED (in short the plaintiff-appellant) against the decree and judgment dated 23.7.2011 passed by Addl. District Judge (Fast Track) No. 7 Jaipur Metropolitan, (in short "the trial court") in civil suit No. 107/2010 whereby the trial court allowed the application under Order 7, Rule 11 Civil Procedure Code filed by (Dandi Salt Private Limited, Ram Niwas Hukam Chand Gupta, and Neeraj Kumar Agarwal (in short the defendants 2 to 4) and thereby dismissed the civil suit against all the defendants (defendants 2 to 4 and Neeraj Agarwal S/o. Ashok Agarwal, and M/s. Pacs Chemical (defendants 1 and 5 (in short" the defendants") filed by the plaintiff-appellant.

2. The brief facts giving rise to this first appeal are that the plaintiff-appellant filed a civil suit before the trial court for perpetual and mandatory injunction on infringement of trade mark and infringement of copyright and for the damages and rendition of accounts, it was stated in the plaint that the plaintiff-appellant is a company incorporated under the Companies Act, 1956 and engaged in the business of manufacturing, selling and exporting 'iodized Salt' amongst others, under the trade mark and label containing and consisting of the name DANDI NAMAK in Hindi as also DANDI SALT in English. The trade marks (logo) containing and consisting of the name DANDI NAMAK in Hindi in respect of 'iodized Salt for human consumption and for preserving food stuff included in class-30 have been granted registration in favour of the plaintiff-appellant under Nos. 1641653 and 1641655 in class-30 by the office of the Registrar of Trade Marks and that too after the objections filed by the defendant No. 3 for the defendant No. 2 as also by other opponents were considered in accordance with the provisions of the Trade Marks Act, 1999. it was also mentioned in the plaint that inspite of the registration of the trade mark DANDI NAMAK in the name of the plaintiff-appellant and plaintiff-appellant being the prior user since the month of June, 1998, all the defendants in collusion with each other and at the instance of each other continued the acts of infringement of the trade mark of the plaintiff-appellant. The defendants continued to use and infringe the trade mark, infringement of copyright and passing off their goods as and for the plaintiff and in this process also the defendants filed collusive suits amongst each other as also against the plaintiff-appellant in the territorial jurisdiction of District Court at Jaipur. The plaintiff-appellant has drawn attention of this court towards para 27 of the plaint, which reads as under:

"Para 27. That the cause of action of this suit arose against the defendants within the jurisdiction of this Hon'ble Court firstly when the defendant No. 3 filed a suit for alleged passing off in the name of the defendant No. 2 against the present plaintiff and thereafter, the defendant No. 3 and 4 filed several false and frivolous criminal complaints as also filed contempt case against the Registrar of Trade Marks and thereby attempted to derail the registration proceedings of the trade mark DANDI NAMAK of the plaintiff followed by frivolous notice of oppositions against the registration of the trade mark (logo) DANDI NAMAK of the present plaintiff with the office of the Registrar of Trade Marks at Ahmedabad. The defendants No. 3 and 4 also filed a frivolous suit for the alleged passing off in the name of the defendant No. 2 company against the present plaintiff in the Hon'ble District Court at New Delhi and thereafter a civil Suit No. 17 of 2010 on 23.7.2010 in the Hon'ble District Court, Jaipur City and defendant No. 5 filed a frivolous and collusive suit for the alleged passing off before Hon'ble the District Court at Jaipur City and thereby continued illegal acts of infringement of trade mark infringement of copyright, falsification of trade mark and passing off in clear violation of the vest