( 1 ) THIS order will dispose of the plaintiff s application under Order 39, Rules I and 2 being IA 7329/85 and the defendant s application under Order 39, Rule 4 being IA 6624/86.

( 2 ). The plaintiff has filed a suit, inter alia, praying for perpetual injunction restraining the defendants, their servants, agents etc. from manufacturing, selling or otherwise dealing in diesel oil engines and parts thereof, electric motors, agricultural pumps or centrifugal pumps or parts thereof bearing the trade mark "field Marshal" or any other similar or identical trade mark. There is also a prayer for a perpetual injunction restraining the defendants, their agents etc. from passing off diesel oil engines and parts thereof such as pumps and electric motors under the trade mark "field Marshal". It is alleged in the plaint that since the year 1963 the plaintiff company has been carrying on the business of manufacturing, marketing and exporting of diesel oil engines and parts thereof not for land vehicles), centrifugal pumps, electric motors and parts thereof. It is also alleged that the trade mark "field Marshal" has been registered under the provisions of the Irade and Merchandi