Gujarat Medicraft Pvt. Ltd. vs Cipla Ltd. on 31 January, 2006
49. In the instant case, although the opponent has taken no action under Rules 50(1) within the prescribed time, however, the applicant's attention has been inadvertently invited to Rule 51 calling upon him to file evidence in support of application. This would amount a jurisdictional error and requires to be rectified by withdrawal of the same "Where an opponent has not complied with the requirements of Rule 53, calling the applicant to file evidence under Rule 54 is ultra vires VIP Industries v. Registrar (supra).