M.M. Sundresh, J.

1. The appellant is the first defendant in the suit filed in C.S.No.949 of 2008. Pending suit, an application was filed by the appellant under Order VII Rule 11 of the Code of Civil Procedure (hereinafter referred to as "the C.P.C.,") to reject the plaint on the ground of lack of territorial jurisdiction alleging that no cause of action has arisen within the jurisdiction of the Court. The learned single Judge has dismissed the said application and therefore, the appellant has come forward to file this Original Side Appeal before us.

2. Facts in Brief:-

2.1. The first respondent filed a suit against the appellant herein and the second respondent seeking the following reliefs:

"(i) Permanent injunction to restrain the first defendant from using the registered design of the plaintiff to his products;

(ii) Permanent injunction to restrain the first defendant from passing off his goods as that of the plaintiff's products;

(iii) Directing the defendants to surrender to the plaintiff for destruction all the infringing goods and associated items such as moulds, dies, articles, packets, cartons, packaging materials, advertising materials etc., and all other thing