( 1 ) THIS is an appeal by the defendant, Gotham Construction Co. , a firm, against whom the trial judge, and on appeal, the appellate judge as well, have granted a decree, permanently restraining it "from creating any sound nuisance in the workshop (of the firm) at 41 Jhautola Road arising out of hammering on steel or any other plates".

( 2 ) THE appellant's workshop at 41 Jhautola Road is one for "building the bodies of motor vehicles", as the averment in the second paragraph of the plaint is--an averment which the sixth paragraph of the appellant's written statement admits to be "substantially correct". Such is the admission too of the appellant firm's partner, Shri Haridas Goswami, as the 3rd witness for the defendant, in his evidence at the trial. Jhautola Road runs north to south. On the east of the road is "41" with the controversial workshop and also the residence of Shri Haridas Goswami and his family. Shri Bhudeb Sankhanidhi, the 3rd plaintiff (now the 3rd respondent), a director or Lalmohan Saha Sankhanidhi and Co. , with its head office in India, lives at the relevant time at 40 Jhautola Road on "the contiguous north and east" of which is "41". 4