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10. Learned counsel for the first respondent drew our attention to the counter statement of the appellant placed at page 66 in TM-6 wherein no pleadings in relation to section 12(3) of the Act have been made. No evidence has been let in that regard. Hence he argued that pleas being raised about entitlement under section 12(3) of the Act are beyond the pleadings and as such are not admissible. He drew our attention to the registered mark No. 228867 of the first respondent. Its registration was granted as from 13.5.1965 and user claimed therein is January 1963 and thus he pleaded that the first respondent is much prior as user. He pointed out that the rectification application filed by the appellant in relation that mark has been dismissed by the IPAB in its order No. 177/2004 issued on 27.10.2004. Registration No. 252070 of the appellant is as from 4.10.1968 and is restricted to diesel engines only. Similarly registrations of the appellant under No. 252071 and 224879 are respectively for the years 1968 and 1964 and relate to only diesel engines. In registration under number 389729 dated 10.5.1982 user is as from 1965 for diesel engines and it is proposed to be user in relation to pumps and motors.