PRAKASH NARAIN, J.

( 1 ) THIS appeal is directed against the order of a learned Single Judge of this court dismissing an application under Order 39, rules I and 2, read with Section 151 of the Code of Civil Procedure, moved by the appellant in Suit No. 381 of 1976, filed by it in this court claiming that the respondents herein were guilty of passing off their goods bearing the appellant s trade-mark and in consequence praying for the issue of a permanent injunction restraining respondents from using the trade mark of the appellant and holding that they arc liable to render accounts, pay damages and surrender all goods bearing the appellant s trade mark. Pending the disposal of the suit, the appellant prayed for issue of temporary injunction interms of its prayer for permanent injunction against the respondent.

( 2 ) THE appellant manufactures and markets various textiles including voiles and mulls. Respondent No. 1 is also a manufacturer of textiles, including voiles and mulls. Respondent No. 2 is the proprietor of respondent No. 1. Respondent No. 3 is a processor who is supplied unbleached textiles, including voiles, by manufacturers for being processed, dyed and printed with mark

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