1. This is an appeal against a decision of the Registrar of Trade Marks, Bombay. It is necessary at the outset to set out the history of this litigation as it has a direct hearing on some of the questions that have been canvassed before me on this appeal.

2. The petitioner applied for registration of his trade mark known as "HAUTIN" in respect of Bidis, cigars, scented tobacco and tobacco throughout India on 21-8-1942. The application was advertised on 1-10-1945 and the respondent filed his notice of opposition on 23-3-1946. Against this notice of opposition the petitioner submitted a counter-statement on 12-7-1946. Thereafter on 5-12-1947 the respondent filed an affidavit of the evidence in support of opposition in which a document called a Panchnama dated 19-10-1937 was referred to.

It was alleged that under the said panchnama the petitioner had admitted the right of the opponents father to the trade mark "HAUTIN" and had been permitted to use the trade mark in Trichinopoly only until such time as the petitioners father may choose to object to it; but the document was not filed with the Registrar along with the affidavit.

At the hearing before the Registrar a document bearin