P. K. MOHANTI, J.

( 1 ) THE appellant as plaintiff brought Original Suit No. 2 of 1978 for a declaration that the defendant-respondent has no right to use the plaintiffs trade mark in respect of the Masala (chewing tobacco) branded as "bharat Vikhyat Khetaki khara Masala No. 666" of which the plaintiff claimed to be the registered owner under the Trade and Merchandise Marks Act and the Copyright Act. The plaintiff also filed an application for issue of a temporary injunction restraining the defendant from infringing his right to the trade mark. After hearing the parties, the learned District Judge rejected the prayer for temporary injunction by order dated 4-10-78 on the finding that even though the plaintiff had prima facie title and exclusive right to the use of the trade mark, he having suppressed the material fact of a settlement deed dated 12-11-63 and the fact of association of the defendant in the business was not entitled to the grant of a temporary injunction.

( 2 ) AGGRIEVED by the order, the plaintiff preferred this Misc. Appeal which came up for admission and hearing on 1-11-78. In course of hearing of the appeal, mr. R. Mohanty, the learned counsel for the appellant