Srinivasan, J.

1. This appeal is by the second defendant in C.S. No. 636 of 1995 on the file of the original side of this Court against the order dated 30-6-1995 made in O.A. No. 509 of 1995 restraining him from infringing in any manner the plaintiff's registered trade mark "THE MAIL" by use of the trade mark "Trinity Mail" or any trade mark incorporating the word "MAIL". The parties in this appeal will be referred to by their rank in the suit for the sake of convenience.

2. The plaintiff has averred in the plaint as follows: The plaintiff is the proprietor of the trade marks "THE MAIL" and "THE WEEKLY MAIL" registered under Nos. 115521 and 115522 respectively dated 27th November, 1945 in Class 16 in respect of News Papers and printed publications. The Registration has been duly renewed from time to time and is still valid and subsisting. The title "THE MAIL" has also been registered with The Registrar of New Papers for India. Declaration has been filed before the Chief Metropolitan Magistrate, Egmore, Madras for publication of the newspaper bearing the title "THE MAIL". The plaintiff was publishing an evening English Daily bearing the said name since the year 1868. The S