( 1 ) ALL these three matters can be disposed of by this common Judgement. In all these matters the questions referred to the Full Bench are :-

" (A) Whether Rule 53 (2) of the Trade and Merchandise Marks Rules, 1959 is directory or mandatory?

(B) Whether the Registrar s power to extend the time for filing evidence in support of the opposition stands extinguished if an application for extension of time is not filed or extension is not granted before the expiry of the period of two months prescribed under Rule 53 (1) of the Trade and Merchandise Marks Rules, 1959?

(C) What is the effect of Rule 106 of the said Rules on the exercise of powers by the Registrar under Rule 52 (2)?

( 2 ) THESE questions had arisen for consideration before a learned Single Judge in FAO 21/68. This was decided on 21st December 1971. In that case the learned Single Judge held as follows:-

"this provision deals with the extension of time which has not been expressly provided by the Act. The time mentioned in Rule 53 (1) i. e. , two months is a time which has not been expressly provided in the Act and, is therefore, capable of being extended by the Registrar himself. This time can be ext