1. The respondent/plaintiff claims to be the proprietor of a registered trade mark "Ossopan" in Class 5. It is alleged that the appellant/defendant also started selling goods under the same trade mark by infringing the registered trade mark, hence the respondent filed a suit for injunction against the appellant/defendant essentially under section 29 of the Trade and Merchandise Marks Act, 1958. In the plaint, the plaintiff has referred to the Use Certificate, Trade Mark Registration Number, Date, Publication in the journal as well as the items covered under the said trade mark.

.2. It is alleged that the suit was filed on the basis of journal entry, consequently, the description of specified goods as specified therein was incorporated in paragraph 27(a) of the plaint. However, later on during pendency of the suit, the respondent came to know that the correct description of specified items referred to in the registration certificate itself is some what different then the journal entries. Therefore, realising the mistake, apparent on the face of record, the respondent filed an application for amendment under Order 6 Rule 17 for substituting paragraph 27(a) so as to be in