( 1 ) BY means of this petition under Article 226 of the Const. , the petitioner who is a plaintiff in a suit pending in the Court of the learned VIII Additional Munsif, Gaziabad, challenges the legality and propriety of two concurrent orders passed by the Courts below- declining to issue a temporary injunction restraining the defendants of the suit from using and displaying their trade name during the pendency of the suit.

( 2 ) THE petitioner filed a Civil suit No. 163 of 198o at Ghaziabad for a permanent injunction restraining, the defendants, from using and exhibiting the name and style of the plaintiff company "in any manner whatsoever," Simultaneously with the institution of the suit the petitioner also filed an application for temporary injunction with the following prayer:--

"it is, therefore, prayed that a temporary Injunction during the pendency of the above case be granted the defendants restraining them from using and exhibiting the name and style of the plaintiff company i. e. , Victory Transport Co. "in any manner whatsoever. "

( 3 ) THIS application was accompanied by an affidavit of one Sri Surender Pal Singh. The affidavit was virtually a repetition o