( 1 ) IN the suit alleging infringement of registered trade mark MAHAVIR CHHAP with device of Hanuman or Bajrang Ball and plaintiffs coyright in respect of Dhoopbatti and Aggarbati under the impugned label/carton JAI BAJRANG BALI DELUX DHOOP by I A 340/90 the plaintiff prays for relief under Order 39 Rules 1 and 2 CPC in respect of plaintiffs trade mark and copyright pending the hearing and disposal of the suit. By I A No. 1522/92 also the plaintiff has prayed for the same relief.

( 2 ) THE case of the plaintiff shortly stated is that the plaintiff is a registered proprietor of the trade mark MAHAVIR CHHAP with device of Hanumanji under registration No. 14958 dated 26. 4. 1943 in class-3 inrespect of DHOOP BATI; that in the year 1941 the plaintiff adopted the trade mark MAHAVIR CHHAP so as to indicate its connection in the course of trade with the goods of its manufacture and sale as a proprietor thereof; that the plaintiff adopted a distinctive label of the trade mark MAHAVIR CHHAP with device of Hanumanji for the purpose of marking its products in the market since the year 1982. The distinctive lable of the plaintiff entitled MAHAVIR DELUX DHOOP with device of Han