( 1 ) THE present petition has been filed inter aiia seeking relief that the design registered by the respondent No. 1 being design No. 163381 dated 5-7-1991 in class-1 be cancelled and the second respondent should be directed to expunged and or remove the entry of the said registration from the register of designs. Some of the material facts are as under :

( 2 ) THE petitioner before this Court is claiming to be carrying on business in manufacturing ceiling fans of various designs in the name and style of Siri Ram and Sons. The petitioner is claiming that he was carrying on the aforesaid business for many years and he is also claiming to be the registered sole proprietor of various designs of electrical fans including the design in respect of the dome (the central motor body) of ceiling fan together with canopy registered under No. 167584 in class 1. The respondent No. 1 is also a manufacturer of ceiling fans and the claiming to be an inventor of a design of a part of the ceiling fans being decorative ring on the central part of the ceiling fan. However, the registration of the said design claimed by the respondent No. 1 and consequently granted by the second respondent is not in respect of any part invented by the first respondent but is in respect of the ceiling fan as a whole.

( 3 ) IT is the case of the petitioner that in 1994 he conceived a new and original design for the central motor body hub part of ceiling fan known as dome with a canopy in respect of ceiling fan. It is his case that when he made an application for registration under class 1 under the Design Act, 1911 the office of the second respondent registered the said design under number No. 167584 dated 2-6-1984 in class I.

( 4 ) SOMETIME in or about March, 1994 the petitioner received a letter dated 24-3-1995 calling upon the petitioner to cease and resist from manufacturing and marketing fans similar to the said registered design on the ground that the petitioners fans with the said design is colourable imitation of the first respondent design of a ceiling fan bearing registration design No. 163381 dated 5-7-1981. The petitioner replied to the said notice by their advocate's letter dated 11-4-1985 and informed the respondent No. 1's attorney that the petitioner is the registered proprietor of the said design under class 1. It is the case of the petitioner that the design which was registered by him was conceived and invented by him. The petitioner states that thereafter the respondent No. 1 filed a suit in this Court being Suit No. 3905 of 1995 on the basis of infringement of the registered design and passing off against the petitioner and claimed that the petitioner should be restrained from acting upon the said design. The petitioner has thereafter filed the present petition under section 51a of the Design Act, 1911 sometime in or about 1996 challenging the design of the respondent No. 1 registered by respondent no. 2.

( 5 ) THE essential grounds on which the said relief is sought by the petitioner firstly is that the respondent No. 1 has not invented any a new design and/or any new item but has purportedly sought to register the whole of the ceiling fan as an invented design which is not permissible in law as a ceiling fan is not an invention or a new design for the first time prepared by the respondent No. 1. It has been also contended that the registration certificate issued by the respondent no. 2 indicates the whole of the ceiling fan in the photograph as a registered design and does not indicate any part or a special features which is separately and independently registered as an invention of such a new design. It has been thus contended that under the provisions of section 51a of the Design Act the present registration is required to be cancelled and/or registered entry is required to be expunged from the record. On the other hand the learned counsel appearing for the respondent contended that what is invented design is an ornamental ring fitt