S.B.Sinha, J. - (1.) This appeal is directed against an order dated 23.2.99 passed by 3rd Additional District Judge, Barasat, North 24 Pgs. in Title Suit No. 1/99 whereby and whereunder the said learned Judge rejected applications for injunction filed by both the plaintiff and the defendant purported to be under Order 39 Rules 1 and 2 of the Code of Civil Procedure.
(2.) By reason of the said order the learned trial court has also disposed of an application under Order 39 Rule 4 of the Code of Civil Procedure.
(3.) The plaintiff is the appellant. He filed the afore-mentioned suit, inter alia, for the following reliefs: - "in preliminary from for accounts of all profits made by the defendant from the sale of the goods under the impugned trademark and/or impugned pouch design by the defendant and thereafter on enquiry final decree be passed : Declaration that the plaintiff is exclusively entitled to use the trade name "P.C. Saha & Co.", the word "home" as well as the pouch design as shown in annexure 'A' hereto including the get up and color scheme in respect of washing powder to the exclusion of others including the defendants: Permanent injunction restraining the defendants, whether by themselves, their partners, employees, servants, agents or otherwise and each of them whosoever from passing off or intending to pass off, or causing, enabling or assisting others to pass off the said trademark and pouch design shown in annexure 'A' hereto including the get up and color scheme or any colorable imitation thereof or by any other means or manner whatsoever, in respect of washing powder.";