( 1 ). This order shall dispose of above named FAO 331 of 2002 filed against granting injunction as well as a Civil Revision Petition No. 5420/2002 against rejection of an application under Order 7 Rule 11 of the Code of Civil Procedure (for short the cpc ) moved by defendants No. 1 to 3 petitioners, namely, goyal Gramudyog Sansthan, Goyal Brothers and Goyal Herbals (P) Ltd. Both the matters are being taken together for they involve some common question of law and facts.

( 2 ). Brief facts giving an occasion to this appeal and Civil Revision are as follows : Plaintiff/respondent No. 1, M/s. Seth Brothers, filed a suit for permanent injunction for restraining infringement of the trade mark, copyright, passing off and rendition of accounts in respect of one of its ayurvedic medicine/churan "kayam CHURAN" used for curing chronic constipation, headache and hyper acidity. The plaintiff/respondent claimed that they adopted and put to use trademark "kayam" in the year 1977 and they are the registered proprietor of the trade mark "kayam" registered under No. 348061-B dated 1st April, 1979. The plaintiff/respondent filed the suit when they came across the products of defen