SWARAN DASS Vs. SHIROMANI GURDWARA PARBANDHAK COMMITTEE

JUDGEMENT

(1.) WHETHER an appeal preferred under Section 34 of the Sikh Gurdwaras Act, 1925, in the event of difference of opinion between the learned Judges of the Division Bench hearing the same cannot be referred to a third Judge under Clause 26 of the Letters Patent - -is the point which has been raised at the very threshold in this case.

(2.) FOR the limited purpose of determining the aforesaid question, it is unnecessary to advert to the facts. It suffices to mention that this case first came up for hearing before a Division Bench in accordance with Section 34 of the Sikh Gurdwaras Act, 1925 (hereinafter referred to as the Act). The learned Judges constituting the Division Bench, after framing exhaustive judgments separately have jointly recorded the following order:

(3.) IT appears to me that the aforesaid contention, apart from being hypertechnical, is also logically fallacious. The material part of Section 34 of the Act is in the following terms: