LAXMI PRASAD Vs. SHIV PAL

JUDGEMENT

(1.) UPON a difference of opinion between Satish Chandra, J. and N. D. Ojha, J., the following question has been referred to me:

(2.) THE question has arisen in the fol lowing circumstances:-

(3.) WHILE the writ petition was pend ing the U. P. High Court (Abolition of Letters Patent Appeals) (Amendment) Ordi nance, 1972 (U. P. Ordinance No. 12 of 1972) was promulgated by the Governor and came into force on June 30, 1972. The Ordi nance was replaced by the U. P. High Court (Abolition of Letters Patent Appeals) Amend ment) Act, 1972 (U. P. Act No. 33 of 1972). The Act came into force on August 18, 1972. Section 2 of this Act introduced a new Sec tion 4 in the U. P. High Court (Abolition of Letters Patent Appeals) Act, 1962. Sec tion 4 so introduced, -reads thus:-