( 1 ) APPELLANT is a manufacturer of pharmaceutical preparations, drugs and chemicals. So is the respondent. Both are fighting it out on a Trade Mark for the last twenty five years or so.

( 2 ) APPELLANT claims that it was given right to use Trade Mark of 'saptlin' and 'septilin', a medicine used for treating tonsillitis and other respiratory disorders by its licensors M/s. Himalaya Drug Co. vide registered user agreements dated 29-6-1971 and 9-6-1972. It learnt somewhere in 1973 that respondent had also launched a preparation called 'peptilin' which was used to cure peptic ulcer and other connected diseases. A notice was accordingly issued to it to desist from doing so and on its failure C. O. S. No. 1-A was filed for perpetual injunction restraining it from using Trade Mark 'peptilin' and for other incidental damages and destruction of all material etc. The suit was resisted by respondent on various grounds leading to framing of a number of issues of which only issue No. 1 (c) which is material for our purposes is reproduced hereunder:-"have the agreements of registered users been registered with Registrar of Trade Marks and the plaintiffs are named as registered u