( 1 ) THIS appeal is directed against the order dated 18. 5. 1992 by which the application of the appellant under Order 39 Rules 1 and 2 was dismissed by the trial court. Brief facts giving rise to this appeal are that the appellant filed a suit for permanent injunction before the District Judge on the allegations that since the year 1980 the plaintiff company had been manufacturing and selling various goods. In the year 1986 the plaintiff and its predecessors started manufacturing and selling television picture tubes, parts thereof, video tapes and cassettes and television tuners etc. The said goods were sold under the trade mark prakash used in stylish manner. The trade mark of the appellant had become a symbol of quality with the consumers. The plaintiffs are the proprietors of the trade mark prakash in respect of the goods of the plaintiff since 1986. The goods are being sold on a large scale through out the length and breadth of the country. The trade mark" PRAKASH was used in a distinguishing manner in relation to the aforesaid goods on account of its open, regular, continuous and extensive user, coupled with large scale publicity and advertisement througho