( 1 ) THIS appeal under Order 43 Rule 1 (r) C. P. C. has been preferred by defendant No. 1 against the order dated 17-1-1992 of Ist Addl. District Judge, Ghaziabad by which the application 5-C filed by the plaintiff was allowed and the defendants, their dealers, stockists and distributors were restrained from infringing the plaintiffs copyright existing in art work, label and wrapper by using these as wrappers for Maingis Todha. They were further restrained from passing off their goods as goods of plaintiff under trade mark Maingis Todha.

( 2 ) M/s. Dodha, House, Kot Ka pura, through its partner Subhash Chandra Vig filed O. S. No. 22 of 1990 against Surendra Kumar Maingi, Proprietor of M/s. V. R. K. Todha Sweet House, Kot Ka Pura and Pallu Ram for permanent injunction restraining them from infringing plaintiffs copyright existing in the art work, label and wrapper duly registered under the Indian Copyright Act by using these in the art work involved in defendants label and wrappers titled Maingis Todha Sweet, from infringing the trade name Dodha House of the plaintiff by using the word Todha as part of defendant trade name and also from passing off their goods as go