( 1 ) THIS is an appeal against the judgement and order dated March 15, 1972 of a learned Single Judge of this Court. A preliminary objection has been raised by the respondent that the appeal has been filed after the time prescribed therefor.

( 2 ) THE firm, Meerut Engineering Works, comprised of three partners, namely, the appellant, respondent No. 1 (appellant s brother) and their father Shanker Lal Garg. The firm on June 9, 1960 applied to the Assistant Registrar of Trade Marks, New Delhi, for registration of the trade mark shanker in respect of the goods manufactured by it. The firm was dissolved on November 1, 1961 during the pendency of this application. After dissolution, respondent No. 1 applied to the Assistant Registrar to amend the application filed by the firm by deleting the names of the appellant and Shanker Lal Garg and entering the name of respondent No. 1 alone in the application for registration of the trade mark. Thereupon, the appellant objected to the proposed amendment claiming that respondent No. 1 was not entitled to use the trade mark shanker under the terms of the deed of dissolution. The objection was over-ruled by the Assistant Regis