ABDUL LATIF Vs. ABDUL SAMAD

JUDGEMENT

(1.) A difference having arisen between my learned brother and myself in the matter of the decision of this appeal, my learned brother taking the view that the appeal should be allowed and decreed in part in favour of the plaintiff-appellant in the sum of Rs. 1600, and I taking the view that the appeal should be dismissed, a question arises to the manner in as which the appeal should be disposed of.

(2.) Sec. 98, Civil P C., is in these terms:

(3.) Under Sub-section (2) of Sec. 98, Code of Civil Procedure., where there is no such majority which concurs in a judgment, varying or reversing the decree appealed from, such decree shall be confirmed.' The proviso to Sub-section (2) of Sec. 98, Code of Civil Procedure., has no application for the simple reason that the High Court of Assam does not consist of more than two Judges.