IP/N/l IGHA/T 11 Page 34 Procedure in cases of option to apply to Court or Registrar. so. Where under this Act an applicant has an option to make an application either to the Court or to the Registrar(a) if an action concerning the trade mark in question is pending, the application must be made to the Court; (b) if in any other case the application is made to the Registrar he may, at any stage of the proceedings, refer the application to the Court, or he may, after hearing the parties, determine the question between them, subject to appeal to the Court. Mode of taking evidence in 51@ (1) In any proceeding under this Act before the Registrar, the evidence shall, subject to subsection (2) of this section, be given proceedings by statutory declaration, . before (2) The Registrar may take evidence on oath in lieu of or in Registrar. addition to a statutory declaration.. (3) Any statutory declarationtaken under: this section may, in the case of appeal, be used before the Court in lieu of evidence by affidavit, but if so used shall have all the' incidents and consequences of evidence by affidavit (4) The Registrar shall have thesame powers for requiring the attendance of witnesses and, the production of documents and for taking evidence on oath as the Court, (5) A'witness-before the Registrar' is" entitled to the same immunities and privileges and may, without prejudice to the general effect of the foregoing words, of this subsection, .be awarded by the Registrar and paid the same allowances inrespect of his attendance as a witness, as if he were a witness before the Court.. (6) A summons under this section for the attendance of a witness to give evidence or for the production of a document must be signed by the 'Registrar.. (7) If any person-s- , .' -Ca) on being 'duly summoned as a witness before the Registrar makes default in attending or (b) being in attendance as a witness refuse's to take an oath legally required 'by the Registrar to be taken, or to produce any document in his power or control legally required by the Registrar to be produced by him, 01" to answer any' question to which the Registrar may legally require an answer, or (c) does any other thing which would, if the Registrar were a court be contempt of court, the Registrar may certify the offence of that person under his official seal to the Court and the Court may, after such inquiry as it thinks proper to make, punish or take' steps for the punishment of that person in like manner as if he 'had been guilty of contempt of the Court" '