M. HIDAYATULLAH, C. J.

( 1 ) THIS appeal is by the plaintiff against an order refusing a temporary injunction and has been filed under Order 43, Rule 1 (r) of the Code of Civil Procedure. The matter arises out of a suit for damages and permanent injunction against the respondents-defendants, who, it is alleged, are infringing a registered trade mark of the plaintiff-firm. This trade mark is affixed as a label containing the picture of a rabbit and as tissue paper (jhilli) on the bidis manufactured by the appellant. The trade mark represents the picture of a rabbit (khargosh) with the usual inscription showing who the manufacturers of the bidi are. The impugned label and 'jhilli' represent not to rabbit but a squirrel and the label is described as 'gilhari Chhap'. The tissue paper is printed in the same ink and contains respectively the picture of a khargosh and a gilhari. The inscriptions, however, are different inasmuch as in the impugned jhilli they are in English and are placed in the form of a box around the picture of the gilhari. In the 'jhilli' of the plaintiff-firm a picture of khargosh is enclosed in a scroll and the writing is in hindi.

( 2 ) THE plaintiff-firm claims tha

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