(1.) IN these two cases (Civil Miscellaneous No. 194-C of 1935 and Supreme Court appeal No. 2 of 1956) certain questions of law have been referred to a Full Bench by two different Division Benches. In Civil Miscellaneous No. 194-C of 1955 the following question has been referred-
(2.) AGAINST this order an application was made to this Court under Article 226 of the Constitution of India praying for a writ of certiorari for quashing, the orders passed by the Deputy Custodian-General and the Additional Custodian and for restoring the order of the Deputy Custodian, i. e. for the allotment of the land to the petitioner. This petition-was dismissed in limine by a Bench of this Court consisting of Bhandari C. J. and Dutat J. , and an application has been made for leave to appeal to the Supreme Court under Article 133 (1) of the Constitution of india.
(3.) I must here mention that no rights were determined by the Custodian-General. All that he did was to allow the allotment to be made in conformity with the entries in the Jamabandis from Montgomery in West Pakistan and followed the usual rule of the Rehabilitation Department that lands are to be allotted in accordance with the entries in the Jamabandis, and he has directed the parties to have their, rights determined by a civil court. The only question which has been referred for determination by the Full Bench in this case is whether the order of this Court dismissing the application in limine and just writing 'dismissed' amounts to a judgment or at final order within the meaning of Article 133 (1) of the Constitution of India.
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