1. This is an appeal filed under S.116 of the Patents Act, 1970 (for short 'the Act') against the order dated 23rd Sept. 1986 of the Deputy Controller of Patents and Designs, Bombay, respondent No. 2, whereby the opposition of the appellant to the grant of a patent to M/s. Jaya Hind Industries Ltd., Bombay - respondent No. 1, was rejected. It appears that first respondent made an application No. 151977 on 23rd June, 1980 for a patent relating to an external rotor assembly for a magneto and filed the same in the Patents Office at Bombay. It is stated that the appellant, who has given its address of Lucknow, learnt about the acceptance of the patent application of the first respondent when it was published in the Patent Gazette dated 17th Sept, 1983. Appellant thereafter in pursuance of the provisions of S.25 of the Act