( 1 ) THIS is an application under O. 39, Rr. 1 and 2 read with S. 151 of the Civil P. C. for restraining the defendants from manufacturing, selling or otherwise dealing in the mirrors under the trade mark tony and/or any other identical or deceptively similar trade mark and also dealing in mirrors with shelf of the artistic and destinctive design and arrangement as that of the plaintiffs in a suit for perpetual injunction restrainng, passing off and rendition of accounts.

( 2 ) BRIEFLY the facts are that Manoj Plastic India, Plaintiff is a partnership concern registered under the Indian Partnership Act. The plaintiff firm has been carrying on business of manufacturing and marketing mirrors for household use since 1976. They introduced into the market mirrors with shelf with artistic and distinctive design. The shape configuration and the features of the said mirror is as follows :

"the mirror is in a rectangular shape and is fixed in a plastic frame. It has on the plastic frame two holes on the upper edge which are meant to hang the same or fix it anywhere on any wall. On the lower edge of the plastic frame, a flexible plastic shelf appears. This shelf itself is very