( 1 ) THE present petition is directed against the Order dated 19th June, 1996passed by the Assistant Registrar of Trade Marks by which interlocutory / review petition dated 18th October, 1994 of the petitioner for permission to place on record evidence in support of exposition in accordance with the provisions of Rule 53 of the Trade and Merchandise Marks Rules was disallowed.

( 2 ) THE learned Counsel for the petitioner has contended that it took some time for compilation of documents and the evidence has since been submitted to the Assistant Registrar of Trade Marks on 10th August, 1994.

( 3 ) THE learned Counsel for respondent No. 1 has vehemently argued that the option of the petitioner to file evidence in support of opposition has since lapsed and the petitioner can avail of the remedy as provided under Rule 56 of the Rules wherein it is contemplated that "no further evidence shall be left on either side; but in any proceedings before the Registrar, he may at any time, if he thinks fit, give leave to either the applicant or the opponent to leave any evidence upon such terms as to costs or otherwise as he may think fit. "

( 4 ) THE provisions of Rule 53 may now be re