( 1 ) DURING the pendency of proceedings on an application for registration of trade mark "sun brand Dye", the petitioner S. C. Sharma and Company took opposition proceedings, in the course of which they made an application on 19th July, 1961, to the Assistant Registrar, of Trade Marks for admission of certain documents as additional evidence under rule 56 of the Trade and Merchandise Marks Rules, 1959, and also for leading further evidence to prove those documents. This application having been rejected by the Assistant Registrar on 20th September, 1961, Messrs S. C. Sharma and Company have come up in appeal.

( 2 ) I doubt very much if the appeal which purports to have been preferred under sub-section (2) of section 109 of the Trade and Merchandise Marks Act 1958 is competent against an interlocutory order of this nature. Even otherwise, I see no ground for interference. The additional evidence which the appellant-company sought to lead consisted of an affidavit of Chander Shekhar Bhardwaj, a member of the appellant s joint Hindu Family firm residing at Delhi, a certified copy of the statement of Haji Ahsan I lain recorded on commission at Karachi on 21st July (without