The Supreme Court has held that a defendant in a trademark infringement suit can question the plaintiff during cross-examination about the documents showing when the disputed brand name was first used, even if the defendant's written statement has not been taken on record. The objection to the question was based on the fact that the defendant's written statement was not on record. The Supreme Court, however, found the approach untenable. In that context, the Court held that the defendant was entitled to question the plaintiff about documentary material establishing the period from which the plaintiff claimed to have used the brand. The Supreme Court accordingly reversed the impugned High Court order and directed that the trial proceed after recalling the plaintiff and recording an answer to the disputed question.