Srinivasan, J.

1. The defendants in O.S. No. 16 of 1987 on the file of the District Judge, North Arcot at Vellore have preferred this Civil Miscellaneous Appeal against the order made in I. A. No. 295 of 1987 restraining them by an injunction from manufacturing and selling matches using the impugned trade mark devices "Standing Stag" and "Standing Deer" shown in Schedules B and C to the application and passing off the goods manufactured by them under the above said trade marks till the disposal of the suit.

2. The first respondent herein is the proprietor of the second respondent concern. The respondents filed the suit referred to above for permanent injunction restraining the appellants from in any manner infringing their trade mark "National Park" together with the device of a 'Standing Stag' and the colour scheme and get up by using the offending 'RUNNING DEER' together with the device of "Standing Stag" and identical colour scheme and get up or any other mark or marks which are in any way deceptively similar to or a colourable imitation of their trade mark and for an injunction restraining the appellant from in any manner passing off their safety matches for the safet