1. This is a revision petition against the order dated 11-3-1998 passed by the District Judge, holding that the Court was competent to hear and decide the application under Order 39 Rule 1 and 2, C.P.C.in spite of the fact that the trial of the suit had been stayed by the Court vide order dated 14-6-1997.

2. The facts which are necessary for the disposal of the present revision petition are that M/s Sham Sunder (Haryana) Industries Pvt. Ltd. (plaintiffs) had filed a suit for permanent injunction against M/s. Century Proteins Ltd. (defendant) seeking to restrain and forbid the defendant from infringement of trade name, copy rights and passing of the trade mark of "Gopal Vanaspati" of the plaintiff company and further to restrain the defendant from manufacturing, selling, offering for sale or otherwise dealing and passing off the products of Vanaspati oil under the trade mark of exclusive right to use the trade mark "Gopal Vanaspati." The said suit was contested by the defendant by filing a written statement. Subsequently, on an application of the defendant under Sec. 10, C.P.C.for stay of the suit on account of another litigation pending between the parties, the learned Dist