( 1 ) ). This appeal is filed against an order passed by the Second extra Assistant Judge, Baroda below application Exh. 5/04/1992 in Trade Mark Suit No. 1 of 1992. The appellants are the original plaintiffs and the respondent is the original defendant. The appellants -plaintiffs filed a suit in the District Court at Baroda being Trade Mark Suit No. 1 of 1992 for permanent injunction restraining the respondent-defendant from using in any manner in relation to pharmaceutical or medicinal preparations, the impugned trade mark CLOFRANIL or any other distinctly similar trade mark so as to infringe the trade mark registered in favour of the plaintiff No. 1 bearing No. 233145 under the style of ANAPRANIL. Alongwith the plaint, the plaintiffs filed an application Exh. 5 under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 for interim relief. The Assistant Judge, baroda by an order dt. 3/04/1992 issued notice to the defendant and granted ex-parte ad-interim relief in favour of the plaintiffs restraining the defendants from using the said trade mark till 24/04/1992.

( 2 ) ). Being aggrieved by the said order the defendant approached this Court by filing Appeal From O