( 1 ) THIS is a suit for the removal of an entry of the trade mark Amritdhara from the register of trade marks, for adding a note of disclaimer of any exclusive right to the word Amritdhara to the entry relating to the trade mark in the register and for imposing such limitation or condition on the registration of the trade mark Amritdhara as this court may deem just and proper. It is an admitted fact that on 21-8-1942 Pandit Thakur Dutt Sharma, defendant No. 2, managing proprietor of the Amritdhara Pharmacy Ltd. , Dehra Dun, defendant No. 1, made an application no. 3813 before the Registrar of Trade Marks, Bombay, defendant No. 3, for registration of trade mark Amritdhara in class 5 of pharmaceutical substances. The trade mark was advertised in the Trade Marks Journal as required under Section 15 (1) of the trade Marks Act (Act No. V of 1940), but nobody objected to the registration of the trade mark. Consequently the Registrar registered the trademark on 16-2-3946 with effect from 21-8-1946. The registration was initially for three years; it was subsequently renewed for 15 years with effect from 21-8-1949. The plaintiff is admittedly the proprietor of the Dardnashik Dawa