GOPALA KRISHNA TAMADA, J.

( 1 ) THE point that falls for consideration in this appeal is as to whether an appeal against an ad interim injunction granted under order 39, Rule 1 C. P. C is maintainable and order 43, Rule l (r) C. P. C. , is applicable.

( 2 ) AS it has a general importance this court has given its anxious consideration in disposing of this appeal.

( 3 ) THE appellant is the 4th defendant and Respondents-2 to 5 are Defendants-1 to 3 and 5 and 1 st respondent is the plaintiff in the suit. The parties will be referred to as they are arrayed in the suit for the sake of convenience.

( 4 ) ORIGINALLY, the plaintiff herein instituted the suit being O. S. 88 of 2004 and along with the suit, he filed LA. No. 620 of 2004 and on hearing the learned Counsel for the plaintiff, the Court below while ordering notice to the defendants, granted ad interim injunction. Aggrieved by the same, the present appeal has been preferred by the 4th defendant.

( 5 ) THE facts in brief are that the 1st defendant being Welch Allyn Inc. is a very old and reputed company manufacturing several-patented life saving medical equipment and it is based in Syracuse of state of New Yark, U. S. A. While so,

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