AMAR SINGH Vs. CHHAJU SINGH

JUDGEMENT

(1.) THE following two questions of law have been referred to Full Bench by my brother Suri, J. :--

(2.) THE necessity for reference arose because of a doubt having been cast in the course of arguments before the learned Single Judge in this Regular Second appeal about the correctness of a Single Bench judgment of this Court in Ajaib singh v. Mann Singh, (1968) 70 Pun LR 83, Purported to be based on the ratio of the Supreme Court judgment in Dolgobinda Paricha v. Nimai Charan Misra, AIR 1959 SC 914.

(3.) FACTS have been elaborately stated in the order of reference but a few of them as are necessary for the disposal of the referenced may be stated hereunder. The main case will ultimately be decided by the learned Single Judge, after answers have been given by the Full Bench.