( 1 ) THIS appeal is directed against the order of a learned Single Judge of this Court sitting on the original side whereby an interim injunction was issued against the appellant on a motion by the respondent.

( 2 ) THE respondent/plaintiff manufactures and sells playing cards. On 8th February, 1966, the respondent/plaintiff registered under No. 233581 in Class 16 a trade mark consisting of the device of a tractor and the word "tractor" for his playing cards. The appellant defendant also trades in playing cards and it is alleged by the respondent that early in 1971 he came to know that the appellant had adopted the trade mark "ferguson" in relation to its playing cards and was marketing the same under that name also using the device of a tractor on the back of the playing cards. The respondent, therefore, brought an action against the appellant seeking permanent injunction restraining the appellant from infringing the reistered trade mark of the respondent and passing off its goods as those of the respondent. A prayer was also made for rendition of accounts, damages etc. Along with the suit the respondent filed an application (I. A. 963 of 1971) under Order 89, Rules