DALJIT SINGH Vs. SMT. SHAMSHER KAUR

JUDGEMENT

(1.) A petition under section 9 of the Hindu Marriage Act. 1955, was filed by Daljit Singh against his wife Shamsher Kaur for a decree for the restitution of conjugal rights. The petition was dismissed. An appeal has been filed in this Court.

(2.) A preliminary objection has been raised by Mr. Dalip Singh Kang, who appears for the respondent, that since the copy of the decree -sheet was not filed along with the appeal, the appeal was incompetent. In the alternative, it is contended that if the judgment of the lower Court be regarded as the decree, then it did not bear the stamp of Rs. 2/65 Paise. The judgment is stamped with a stamp of Rs. 1/25 Paise. Mr. Gokal Chand Mittal, Learned Counsel for the appellant, has replied that under the law no decree sheet was required to be prepared. According to him, the appeal was fully competent against the order passed by the trial Court. He, however, made a prayer for making up the deficiency if it was found that the judgment of the lower Court should have been stamped like a decree -sheet.

(3.) AFTER hearing the Learned Counsel on both sides, I am of the view that this matter should be decided by a larger Bench The point is of considerable importance and is likely to arise in a number of cases. The judgment of Sharma, J. in Shri Shiv Ram's case(supra) gives no reasons for the view taken. The papers may, therefore, be placed before my Lord the Chief Justice for constituting a larger Bench.