R. DAYAL, J.

( 1 ) BY this revision petition, the petitioner, I. T. C. Limited, a company registered under the Indian Companies Act, 1956, has challenged the order dated 1-5-1991 of shri T. Dorjee, the learned District Judge, Sikkim, rejecting the petitioner's application in Civil Suit No. 1 of 1991, under Order VII Rule 11 of the Code of Civil Procedure, for rejecting the plaint on the grounds that the plaint does not disclose any cause of action and the suit is barred by law.

( 2 ) CIVIL Suit No. 1 of 1991 was filed by respondent Nos. 1 to 3 on 21-1-1991. Respondent No. 4 Druk Industrial Company Pvt. Ltd. , is the first defendant and the petitioner company (hereinafter referred as ITC) is the second defendant in the suit. The plaintiffs have claimed the following substantive reliefs :-" (A) a decree of declaration be passed in favour of the plaintiffs and against the Defendants declaring that the Defendants are not entitled to use the aforesaid Foreign Brand name and/or endorsement of "w. D. and H. O. Wills and/or "wills" on the cigarettes packets and cartons manufactured sold and advertised by the Defendant No. 2 through Defendant No. 1 and/or their other Dealers, Agents etc. (B)