(1.) HEARD the learned Counsel for the parties.
(2.) BY judgment and order dated 24th April, 1998, the learned Single Judge has referred this matter to a larger Bench for determination of the following issue :--
(3.) THE Court has referred the matter because in the opinion of the Court, it was of considerable importance as it was generally raised on the Original Side of this Court as well as in the subordinate courts. Section 9-A, which is added to the Civil Procedure Code by an Act known as Code of Civil Procedure (Maharashtra Amendment) Act, 1977, reads as under :--