We are not satisfied with the explanation offered by the first respondent that it gave up the case of non-use of the registered trade mark against M/s Jain Industries on the basis of statement made by the learned counsel for the appellant; firstly because consent does not confer jurisdiction; secondly,because want and/or lack of jurisdiction on the part of the Tribunal cannot be waived as if any order is passed without jurisdiction,the same would be a nullity; and thirdly because the cause of action,even according to the first respondent in his application before the High Court,was different