PUSHPA DEVI Vs. BIMLA DEVI

JUDGEMENT

(1.) The question which has been referred for consideration of the Full Bench is:

(2.) This question was referred to theFull Bench because it was found that using Chapter X-A of the Delhi High Court (Original Side) Rules, 1967 some Courts were referring the entire evidence in suits to Local Commissioners even without the consent of parties and even though the matters were not very old and/or there were no special circumstances requiring such a course to be followed. Chapter X-A reads as follows :

(3.) At this stage itself it must be clarified that this Court is merely considering the question which has been referred to it. This Court dealing with the merits of the Appeal or the question raised by Respondent No.9 regarding maintainability of the Appeal. Mr. Kapur has fairly stated that he is arguing the pure question of law which has been referred to this Full Bench without prejudice to the contention that the Appeal is not maintainable.