REGE, J. :- This appeal involves a question of rectification of the Trade Mark Register by deleting mark 'Amar' registered in the name of the Appellants under No.212206B in Part 'B' of the Register in class 24 of the rules made under the Trade and Merchandise Marks Act, 1958.

2. The appellants had by their appli­cation dated 8th Nov. 1962 applied for registration of the mark consisting of word "Amar" in respect of textile piece goods. On 25-3-1964 the said mark 'Amar' was registered in the name of the appellants under No.212206B in part 'B' of the Register of Trade Mark in class 24. The Respondents thereafter on 21-5-1965 applied for the registration of the very same mark in their name. However, on being pointed out about the registration, of the said mark in the name of the appellants, the respondents made an application dated 2nd Sept. 1965 under S.56(2) of the said Act for recti­fication of the register by deleting the said mark 'Amar' as registered in the name of the appellants on the ground that the same was entered on the reg­ister without any sufficient cause. According to them, the registration of the said mark in the name of the appellants was in contravention of S