ABDUL HADI, J. :- These two appeals, O.S.A. Nos. 134 of 1990 and 135 of 1990 by the defendant, (who is common in both suits) arise out of the common order dated 24-7-1990 in two interlocutory applications in two different suits. The suits are respectively C. S. No. 478 of 1990 and C. S. No. 477 of 1990 and the respective applications are Application No. 2557 of 1990 and Application No. 2554 of 1990. For convenience sake parties are referred to by their ranks in the suit.

Both the defendant-appellant and the plaintiff-respondent are well established cigarette manufacturers and both these suits are trade mark actions for infringement and passing off. While C. S. No. 477 of 1990 is with reference to plain cigarettes, C. S. No. 478 of 1990 is with reference to filter cigarettes. The infringement and passing off, alleged in both the suits are with reference to what the plaintiff calls as a "slightly" modified forms of the plaintiff's registered trade mark T. M. No. 110438 dated 21-5-1945 in relation to the plaintiff's Wills Fold Flake cigarettes as against the respective trade marks which the defendant recently introduced in respect of its Gold on Gold Flake cigarettes. No doubt