JABALPUR DEVELOPMENT AUTHORITY Vs. Y.S. SACHAN

JUDGEMENT

(1.) IN this appeal preferred under Clause 10 of the Letters Patent the legal validity of the order dated 5-8-2003 passed by the learned single Judge in W.P. No. 3411/2000 [since reported in 2003(4) MPLJ 2191] has been called in question whereby the learned single Judge has allowed the writ petition preferred under Articles 226 and 227 of the Constitution of India in part. During the pendency of this appeal the respondent No. 1 preferred a cross-appeal. The Division Bench expressed the view that the matter involved an important question of law and thought it appropriate that the matter should be placed before the Full Bench. An added importance, which the Division Bench felt, is the Division Bench decision of the High Court of Andhra Pradesh rendered in the case of Chittoor Co-op. Town Bank Ltd. v. T. Krishaiah Chetty and another, AIR 1983 Andhra Pradesh 259. Though the said judgment, strictly speaking, is not a binding precedent on this Court but has the persuasive effect, yet such a pronouncement would have far reaching effect, it was thought apposite to clarify the position and accordingly the matter was recommended to be heard by a larger Bench. In this background, the matter has been placed before us.

(2.) THE question that falls for consideration before the Full Bench is framed thus :

(3.) WE have reproduced the same so that we can appreciate the logical analysis and inference that have been made in the said decision. At this stage we may profitably refer to Section 141 of the Code of Civil Procedure. It reads as under :