1. The defendant in an action for passing-off is the appellant.

2. The suit is for the grant of a prohibitor injunction restraining the defendant from using the words 'National Garments' and the yellow colour get up in the box' used in connection with the sale of the goods manufactured by the defendant and for seizure of all the materials used for printing the aforesaid words viz. National Garments', Tonoform' and the colour boxes etc. and to have them destroyed at the cost of the defendant. There are certain other minor reliefs sought for in the suit, but they are not stated here as they are not relevant in the context.

3. The temporary injunction sought for has been granted by the order under challenge.

4. Facts relevant and requisite for the purpose of deciding the dispute lie in a narrow compass. The plaintiff is a firm of which the appellant was a partner till retirement on 1st September, 1987. The plaintiff has applied to the authority concerned for the registration of its Trade Mark Toneform'. The plaintiff has been using this trade name to identify its products. The defendant after retirement from the firm, has started an identical business and the trade name used