JUDGMENT

VENKATACHALIAH, C.J.I.:- Civil Appeal No. 1581 of 1993 arises out of and is directed against the appellate judgment of the Division Bench dated 29th January, 1992 of the High Court of Delhi dismissing RFS [OS] No. 36/91 preferred by the present appellants and affirming the judgment and decree dated 28th May, 1991 of the learned single Judge dismissing the appellants Original Suit No.39/90. There was a further order by the Division Bench which declined to entertain fresh and further arguments in the appeal which were sought by the present appellants by means of C.M. No. 3209/92. That Order is assailed in Civil Appeal No. 1582 of 1993. The appeals raise a short and interesting question as to the scope of Restitutionary jurisdiction of the Courts.

2. On 27th March, 1989, the appellants instituted Civil Suit No. 74/1989 in the Court of Senior Sub-Judge, Chandigarh. Simultaneously, appellants sought an injunction u under Rules 1 and 2, order 39, C.P.C. The averments in the plaint were that the plaintiff appellant "M/s. Balsara Hygiene Products Ltd. - as the latters clearing and forwarding agents for the respondents products, such as, tooth-pasts, tooth-powder, tooth-brushes, mos