These two civil revision petitions are at the instance of the plaintiff in O.S.No.3 of 2002 on the file of the Principal District Judge, Puducherry and the challenge is to the order passed by the learned trial Judge allowing the applications filed by respondents 1 to 4 invoking Order 11 Rules 1 and 12 of the Code of Civil Procedure.

2. The suit in O.S.No.3 of 2002 was filed by the revision petitioner before the District Judge, Puducherry praying for a judgment and decree to restrain the respondents, their agents, and men from committing piracy of their registered design bearing No.186574 in respect of the shape and configuration of the pens by manufacturing, selling, distributing BITCO FINGER pens which is an imitation of the get up and trade dress of plaintiffs 045 SMARTGRIP pens in any manner whatsoever and for other consequential reliefs.

3. In the plaint in O.S.No.3 of 2002, the revision petitioner as plaintiff contended thus:-

(a) The plaintiff has a technical know-how agreement with Reynolds formerly known as M/s. Reynolds S.A., France. The plaintiff is an exclusive licensee in India to use the trademark "REYNOLDS". The trademark enjoys an extensive international re