(1.) THIS first miscellaneous appeal is at the instance of a plaintiff in a suit for declaration and permanent injunction and is directed against Order No. 2 dated 19th December, 2007 passed by the learned District Judge, Alipore, District - 24-Parganas (South), in Title Suit no. 2138 of 2007, thereby refusing the prayer for ad interim injunction after issuing a notice to show-cause why the prayer of the appellant for temporary injunction should not be granted.

(2.) BEING dissatisfied, the plaintiff has come up with the present first miscellaneous appeal.

(3.) THE appellant before us filed the aforesaid suit in the Court of the learned District Judge, 24-Parganas (South), thereby praying for the following relief:-

"(a) A decree of declaration that the plaintiff is exclusively entitled to use the said trademark "dhunseri" in respect of tea and/or allied products to the exclusion of others including the defendant;

(b) A decree of declaration that the trademark "dhunseri" of the plaintiff has attained the status of "well-Known Trademark" within the meaning of section 2 (zg) of the Trade Marks Act, 1999;

(c) A decree in preliminary form for accounts of all profits made by th