NEW INDIA ASSURANCE CO. LTD. Vs. PUSHPA SHARMA

JUDGEMENT

(1.) THIS Letters Patent Appeal purports to be under Clause 10 of the Letters Patent and is directed against the order dated 10.5.1985, passed by P.O. Desai, C.J., the then Chief Justice of this Court, in F.A.O. No. 206 of 1984, directing the appellant to deposit the decretal amount in the Registry, as a condition of stay/ execution of the decree with a further direction that failure to deposit the amount, within a period of four weeks, as aforesaid, would result in automatic vacation of the stay order. The appeal aforesaid was directed against the award dated 30.7.1984, passed by the Motor Accidents Claims Tribunal, Solan, directing the appellant to pay to respondents claimants an amount of Rs. 1,83,000/ together with interest at the rate of 10 per cent per annum and costs. It appears that the appellant sought a stay of the execution of the said award and hence the aforesaid stay order was passed by this Court. The appellant felt aggrieved by the aforesaid stay order and preferred this Letters Patent Appeal against the same. A Division Bench of this Court admitted the appeal for hearing on 31.7.1985. Arguments on the same were heard on 1/9.1.1992 and judgment reserved. The Division Bench instead of deciding the appeal on merits held that the interpretation of Order 41, Rule 1 (3) of the Code of Civil Procedure (hereinafter called as 'the Code') as done by this Court in Himachal Road Transport Corporation v. Sushila Devi 1986 ACJ 1125 (HP), requires reconsideration and hence recommended the following question of law for decision by a larger Bench:

(2.) THE Division Bench has, however, not stated anything in this referral order as to how the aforesaid question arises. It seems to have considered decisions of this Court in the context of decisions of other High Courts and made the reference as aforesaid.

(3.) THIS court on consideration of the facts and circumstances of the case passed the following order: