VED PARKASH Vs. HARI PAL

JUDGEMENT

(1.) Vide order dated 04.09.2013, a learned Single Judge of this Court, while referring the matter to a Larger Bench, had passed the following order :-

(2.) It is in pursuance to the above order that the matter has been placed before us.

(3.) We have heard learned counsel for the parties and with their able assistance, have gone through the record of the case. As per the above quoted reference order, the issue, which has been referred to us is that whether as per the provisions of Section 8 of the Bengal Land (Redemption and Foreclosure) Regulation, 1806 (hereinafter referred to as the Regulations), the presentation for foreclosure of a mortgage is to be presented to a District Judge in person or it could be to the Superintendent attached to the Court, who would place the petition before the District Judge for passing of appropriate orders.