(1.) Special leave granted.
(2.) After hearing learned counsel for the parties, we are of opinion that having regard to the questions raised in this case the appeal should be allowed, the judgment dated Oct. 16, 1985 of the High Court should be set aside and the case be remanded to the High Court for fresh consideration of the appeal by a Division Bench of the High Court. When disposing of the appeal, the learned judges will set forth the reasons for their order, even though briefly.
(3.) The appeal is disposed of accordingly. There is no order as to costs.