1. This is a regular second appeal filed by Ranjit Singh, defendant, against the judgment dated 9-4-1968 of the Senior Sub-Judge, Ludhiana, whereby he accepted the appeal of Jaswant Singh, plaintiff, against the decree dated 11-5-1967 of Sub-Judge, 1st Class, Ludhiana, dismissing his suit and passed decree in favour of the plaintiff for permanent injunction restraining the defendant, his servants and agents from using the plaintiff s trade name (business name)

"Ex-Soldiers Store" and dealing and doing the business of selling and offering for sale under that name and from using any material bearing the same name. The plaintiff was also granted decree for Rs. 75/- as damages. The parties were left to bear their own costs.

2. The facts of this case are that Jaswant Singh plaintiff and Ranjit Singh defendant were doing the business of purchase and sate of goods in the name and style of Messrs. R. J. Singh and Sons, Chaura Bazar, Ludhiana since September, 1946. This firm was dissolved on 1-7-1956 and the firm name was assigned to Ranjit Singh defendant. The plaintiff Jaswant Singh was to run his business under a different name, with which the defendant was not to have any concer