( 1 ) THIS appeal challenges the ex-parte ad-interim injunction dated august 19, 1997 granted by the learned Extra Assistant Judge, Gondal restraining the appellant-defendant from using the trade mark labels/artistic works of J. M. S. and/ or NEW J. M. S. LAL LEP as per Annexure-B (colly.) to the interim injunction application on pouch/packet, carton/box and pamphlet having identical and deceptively similar art works, designs, get-up, lay-out, placement of features in identical colour scheme with the identical name, LAL LEP or any other identical or deceptively similar trade mark labels/artistic works to the plaintiffs trade mark labels/artistic work of LAL LEP as per Annexure-A (colly.) to the interim injunction application and thereby passing off or enabling others to pass off their Ayurvedic preparation used for bone-setting and also from infringing the copyrights and trade mark rights of the plaintiff in any manner.

( 2 ) MR. Shah, learned Counsel for the appellant-defendant submitted that the trial court ought not to have granted ex-parte injunction in view of the provisions of order under Order 39, Rule 3 C. P. C. The reasons given by the trial Court for grantin