( 1 ) THIS is a petition under Section 51-A of the Designs Act,1911 for the cancellation of the design No-163216 in Class I dated 6th May, 1991 registered in the name of respondent M/s Monica Chawla. The petitioner claims that the design of the product baby Bouncer which is impugned in the present petition, cannot be and could not be registered under the Designs Act as the said design had been published before the registration by the respondent herself. Written statement has been filed wherein the respondent has taken varius pleas, but has admitted that the design of Baby Bouncer, i. e. , the impugned design, has been in use by her since 1987. The petitioner on the basis of this admission, in the written statement has moved an application under Order 12 Rule 6 for judgement on admissions.

( 2 ) I have heard both the parties. Mr. Bansal conceded at the Bar that this design has been in use by the petitioner since 1987, which was long before the registration in 1991. To consider the merit of both the application and the main petition, it will benecessary to have a look at the relevant provision of law. Section 51-A of the Designs Act reads as under ;-

"51-A. Cancellati