v. S. Deshpande, J.

( 1 ) THIS is an appeal against the order of the Additional District Judge, Delhi dated 16/5/1967 refusing the grant of temporary injunction to the plaintiff-appellant. The application for temporary injunction by the plaintiff before the Additional District Judge, though made under Order 39, Rules I and 2 read with Section 151 Civil Procedure Code. , was actually cov. ered by Order 39, Rule 2 alone inasmuch as the suit by the plaintiff was for restraining the defendants from committing "other injury of any kind" within the meaning of Rule 2 (1 ). The injury complained of was the harm caused to the plaintiff by the sale of deceptiv. e goods by the defendants. The order of the learned Additional District Judge was apparently, therefore, passed under Order 39, Rule 2 Civil Procedure Code and not under Section 151 Civil Procedure Code It was therefore, appealable under Order 43, Civil Procedure Code.

( 2 ) BRIEFLY, the facts leading to the filing of this appeal against the order dated 16/5/1967 passed by the Additional District Judge, dismissing the appellants application for temporary injunction are as follows:

( 3 ) SHRI K. C. Aggarwal, the father of defendant No.

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