(1.) Does Rule 3 of Order XXXISI, C.P.C. applies to an application to which Rule 3 of Order XLIV, C.P.C. applies is the question that arises for consideration in this reference ?
(2.) The facts that are necessary for disposing of this reference are briefly stated as follows:
(3.) Heard Sri. C.P. Peethambaran, learned counsel for the applicants/appellants and Sri. R. Padmaraj, learned Government Pleader. We have also heard Advocate Dr. K.B.S. Rajan, learned Amicus Curiae.