Section 111(1)(ii) in The Trade And Merchandise Marks Act, 1958
(ii)if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity of the registration of the plaintiff's or defendant's trade mark is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of father months from the date of the framing of the issue in order to enable the party concerned to apply to the High Court for rectification of the register.