( 1 ) THIS first appeal from order has been filed by the plaintiffs against the order of Mr. P. L. Singia, Additional District Judge, dated 18th December, 1973 by which the learned Judge has refused the application of the plaintiffs for grant of ad interim injunction restraining the defendants from printing, publishing or selling, etc. deceptively similar or colourable imitation of the plaintiffs Panchang (Almanac) in dispute.

( 2 ) THE facts of the case leading to the dispute are that the plaintiffs have been printing and publishing the Panchang (Almanac) since 1894 A. D. year after year, according to the Vikram Sainvat up to now. The Panchang bears the name of " pt. Shrivallabh Maniram Panchang" and has a distinctive colour style and title. It is common case of the parties that this Panchang was being com- piled by a reputed astrologer by name Pandit Mani Ram Sharma, (who is the grandfather of Nand Kishore, second defendant ). The preface of the Panchang also supports the version that Pandit Mani Ram Sharma was compiling the calculations and it was being printed and published by the plaintiffs. This position lasted till 1905 A. D. when Pandit Mani Ram Sharma is alleged