1. This plaintiffs appeal is directed against an order dated 8th December, 1978, refusing to grant temporary injunction in favour of the plaintiff and against the defendant

2. The suit, which was in relation to infringement of trade mark right, was for perpetual injunction against the defendant from using the trade mark. The plaintiff also prayed for grant of temporary injunction against the defendant.

The plaintiff is a manufacturer of various types of medicinal products having separate registered trade mark for each type and one which has given rise to the present cause is the alleged use by the defendant of the trade mark DRYL of which the appellant-plaintiff was the registered proprietor having Registration No. 21636 dated 4-7-1963. The defendants are also manufacturers. of medicinal products. The other trade marks of medicinal and pharmaceutical preparations of which the appellant is the registered proprietor are Benadryl, Caladryl, Ambodryl, Ergodryl, Bodryl and Combodryl. By virtue of the registration of the said trade marks, the plaintiff claims sole and execlusive right to its use.

3. It appears that some time in the year 1976, the plaintiff came to learn that the