S. Swamikannu, J.

1. This appeal s by the plaintiffs against the Judgment and decree, dated 17th day of November, 1976 in O.S. No. 36 of 1975 on the file of the Court of the learned District Judge, Chengalpattu, decreeing the suit in favour of the plaintiffs restraining the defendant or his agents by a permanent injunction from using the Trade Mark similar to the Trade Mark used by him as shown in Exhibit A-5 so as to be deceptively similar with the carton of the plaintiffs, as affixed in the plaint. The carton of the plaintiffs and Exhibit A-5 were directed to be annexed to the decree. The trial Court also observed that inasmuch as the plaintiffs themselves had not raised any objection for the use of the name "Eyesol" by the defendant (Exhibit A-10) the defendant will be free to use the same name by printing the same in a different manner from that of the plaintiffs. In the circumstances, the parties were directed to bear their own costs by the trial Court.

2. The suit was for declaration of the exclusive right of the plaintiffs to the Trade Mark and for permanent injunction to restrain the defendant from passing off his goods and also for recovery of Rs. 10.000/- as damages