(1.) EXPRESSING a sanguine doubt with regard to the correctness and soundness of the decision rendered in the case of Santosh Kumar v. Jama Masjid Committee, Sagar, 1998 (1) MPJR 111, the learned Single Judge while hearing this Second Appeal thought it apposite to put the controversy to rest, the matter should be heard by a Larger Bench to adjudge the acceptability of the ratio laid down in the case of Santosh Kumar (supra) and on that foundation he made a recommendation for reference as a consequence of which the. matter has been placed before us.
(2.) ONE of the substantial question of law which has been formulated by the learned Single Judge while admitting the second appeal is:-
(3.) ON a bare perusal of the aforesaid substantial question of law, it is gathered that the suit was instituted prior to the date of notification. The learned Single Judge in the case of Santosh Kumar (supra), while dealing with the said notification in Paragraph 12 had held thus:-