Chagla, C.J. :- This is an appeal which arises out of an order made by the Register of Trade Marks. The respondent applied for registration of his trade mark on 21-8-1942. The application was advertised on 1-10-1945, and the appellant filed his notice of opposition on 28-3-1946. The respondent submitted his reply on 12-7-1916. On 5-12-1947, the appellant filed affidavits in which he referred to a certain panchnama dated 19-10-1947. The case of the appellant was that his father was the proprietor of the trade mark which the respondent was seeking to register, and that by this document of 1937 his father had given leave and licence to the respondent to use the trade mark and the trade mark was to be used by the respondent only so long as the leave and licence had not been revoked. An affidavit was made by the respondent in reply to the affidavit of the appellant, but no reference was made in this affidavit to the panchnama relied upon by the appellant in his affidavit. At the hearing before the Registrar, the respondent challenged the panchnama as a forgery. He contended that it did not bear his signature. The learned Registrar came to the conclusion that the panchnama was a