CHOBEY SUNDER LAL Vs. SONU ALIAS SONPAL

JUDGEMENT

(1.) I have read the judgment prepared by my learned brother Dwivedi, J. I agree that the three questions of law framed by him should be answered, in the manner indicated by him. <DJG> S.N.DWIVEDI, J.</DJG>

(2.) THESE two appeals and the writ petition have been referred to a larger Bench for decision. During the hearing the parties Counsel agreed that the Bench should decide three main questions of law arising in these cases and send back the reference to the learned Judges referring the cases for decision of the cases. Accordingly, we propose to express our opinion on the three main questions arising in these cases. One of these questions is common to all these cases, the second question arises only in Second Appeal No. 1443 of 1961; while the third question arises only in the writ petition. These questions are:

(3.) THE referring order in the writ petition does not formulate any specific question for decision and refers the whole case to the larger Bench. But, as already stated, it is agreed at the Bar that this Bench may formulate questions and answer them only. Accordingly, we have formulated the three questions in the light of the referring order.