RAMAPRASADA RAO, J. :- The Defendant is the appellant. The plaintiff, a trader and manufacturer of beedies, whose mark is admittedly known as "No. 4 Jadi Beedi" filed this action against the defendant contending that the defendant several years after the plaintiff started manufacturing and marketing of such beedies has designed a mark which is deceptively similar to and resembling in every material particular to his mark of "No. 4 Jadi Beedi". The defendant has adopted a mark known as No. 4 AG Beedies." but the plaintiff's case is that in order to cut at his trade the defendant has designed the mark and was using it on the labels attached to the beedies as also on the wrappers and even a casual comparison of the beedi packets and bundles would disclose a close resemblance as between the two marks and designs, that the Plaintiff is entitled to an automatic decree of permanent injunction restraining the defendant from passing off or attempting to pass off the beedies now sold by him under "No. 4 AG" mark with the wrappers, designs and labels containing such mark. The plaintiff also would allege that the defendant is under selling his beedies and is thus cutting into the volu