( 1 ) THIS application under Section 115 of the Code of Civil Procedure has been directed against an order dated 26-5-1996 recorded by learned Civil Judge Senior Division, Gorakhpur, in Original Suit No. 208 of 1995 whereby he had rejected the application made by, the defendant-revisionists under Order VII, Rule 11, C. P. C. The plaintiffs had filed a suit against the I. T. C. for reliefs that they may be restrained from selling a particular brand of cigarette. The defendants took up a preliminary objection on two counts. It was stated that the plaint did not disclose any cause of action and that the suit was barred under Section 56 of the Trade and Merchandise Marks Act, 1958. On these two pleas the defendants moved a prayer for rejection of the plaint under Order VII, Rule 11 C. P. C. This prayer was dismissed which had given rise to the present revision application.

( 2 ) THERE, are however, certain other complications which must be stated before the matter is taken up for decision. After the filling of the suit, the plaintiffs (Present O. P. S.) filed an application for an ad-interim injunction which was allowed and the defendants straight away came up in a wr