( 1 ) THIS is a Letters Patent appeal against an order of Naik ). , by which the learned single Judge dismissed an appeal against an order made by the First Additional District Judge, Jabalpur, granting an ad-interim injunction against the defendant-appellant in a suit filed by the respondent-Company for infringement of its registered trade marks and for passing off the goods of the defendant as those of the plaintiff.

( 2 ) ON behalf of the respondent Shri K. K. Dube raised the preliminary objection that the appeal was incompetent as the order of the learned Single Judge was not a 'judgment' under or within the meaning of Clause 10 of the Letters Patent of this court. Relying on a Full Bench decision of this Court in Manohar v. Baliram ILR (1952) Nag 471 : (AIR 1952 Nag 357), learned counsel argued that the order in question neither affected the merits of the controversy between the parties in the suit itself, nor did it terminate or dispose of the suit on any around, and consequently it was not a 'judgment' according to the test laid down in the Full bench decision.

( 3 ) IN reply Shri Dabir, learned counsel for the appellant, submitted that even according to the maj