C. SHIVAPPA, J.

The appellant herein has filed CS No. of 1996, SR Nos. 6107 to 6110 along with Application No. 1215 1996 under Clause 12 of Letters Patent for leave to sue before this Court on account of substantial part of cause of action having arisen within the jurisdiction of this court, since the appropriate office of Trade Mark Registry with respect to the appellant's registered trade mark is in Madras an secondly, Eenadu carrying respondent's use of impugned trade mark in the course of its advertisement is circulated in the city of Madras. The order refusing leave to sue is impugned in this appeal.

2. A memo has been filed by the respondent stating that the some of their business has been changed subsequently and there is no infringement as alleged and as such, there is no cause of action. The learned senior counsel Mr. U. N. R. Rao, appearing for the appellant submitted that the similar question often arises for consideration and the learned Judge has observed that it is desirable to settle the issue authoritatively by a decision of the Division Bench of this Court and, hence, insisted for determination of the questions involved in this appeal

3. The question for c