1. First respondent in T.M.A. No. 4 of 1996, on the file of this Court, is the appellant before use.

2. The material facts which led to the filing of this Trade Mark Second Appeal are as follows:-

On 17-8-1978, a partnership was constituted by (1) K.L.Parthasarathy, (2) K.L.Rajakrishnan, (3) K.L.Rajendran, (4) K.L.Sivakumar, (5) K.L.Nagalakshmi and (6) S.Nagarajulu and it was doing textile business under the name and style Partha Textiles, Kottayam. Thereafter, an application was made before the second respondent for registration of the trade mark on 30-11-1978. A Certificate of Registration of Trade Mark was issued on 28-2-83 as follows:-

"Certificate that the Trade Mark of which a representation is annexed hereto, has been registered in Part A of the register in the name(s) of K.L.Parthasarathy, K.L. Veeriah Alias Mohanraj, K.L.Rajakrishnan, K.L.Rajendran, K.L.Nagalakshmi, K.L.Sivakumar and K.L. Indumathi, trading as Parthas Textiles and also trading as Parthas, K.K.Road, Post Box No.119, Kottayam in class 24 under No. 343228 as of the date 30th November 1978 in respect of Textile piece goods for sale in the State of Tamil Nadu and Kerala." *

It may be noted that K.L.