Jyotirmay Bhattacharya, J. - (1.) THIS first miscellaneous appeal is directed against an order passed by the Learned Additional District Judge, 13th Court at Alipore on 28th May, 2015 in Title Suit No. 1 of 2015 at the instance of the defendant No. 1/appellant.
(2.) IN fact, by the impugned order, two applications were disposed of by the Learned Trial Judge. One of such applications was filed by the defendant No. 1/appellant for rejection of the plaint under Order 7 Rule 11 of the Code of Civil Procedure. The learned Trial Judge held that the defendant's said application under Order 7 Rule 11 of the Code of Civil Procedure is misconceived. Hence, the said application was rejected.
(3.) HOWEVER , the other application filed by the plaintiff for injunction under Order 39 Rule 1 and 2 of the Code of Civil Procedure was allowed by the learned Trial Judge. By the said order temporary injunction was passed restraining the defendant No. 1 from displaying and/or playing and/or telecasting and/or airing the impugned advertisement for "MOOV" with the frames showing the product of the plaintiff (ZANDU BALM) in its unique shape, colour and design alongwith "MOOV" and the words "Jisme hai promukh balm ke mukable do guna jaida active ingredients", till the disposal of this case.;