( 1 ) VIRENDRA DRESSES, plaintiff/appellants challenge the judgment and order dt. 21-7-1981 of the Additional District Judge, Delhi refusing to issue a temporary injunction restraining the respondent/ defendant namely VARINDRA GARMENTS from adopting the said trade name in relation to ready made garments business or any other allied business amounting to passing off and from giving an impression to the trade and public that the defendant is associated with the plaintiffs. The plaintiffs filed a suit for permanent injunction for passing off and rendition of accounts against the defendant alleging that the plaintiffs constituted a partnership firm, manufacturing and dealing in all kinds of readymade garments at Ashok Gali, Gandhi Nagar, Delhi under the name and style of VIRENDRA DRESSES since August, 1978, that their sales in 1978 were to the tune of Rs. 50,000. 00 and in 1980-81 the gross sales rose to Rs. 2,50,000. 00 , that they adopted their trade name VIRENDRA DRESSES from the name of a partner, namely Virender Jain, that their application for registration of trade name device VIRENDRA DRESSES has been pending with the trade mark registry, that the defendant in J