H S SAHNI Vs. STATE

JUDGEMENT

(1.) HEARD the learned counsel for the parties. This case has been referred to me as third judge by the Chief Justice under sub -rule(2) of Rule -23 of J&K High Court Rules for having arisen difference of opinion between the two judges, Mr. Goel J and Mr. Sharma J in consequences of which separate judgments have been passed. Learned counsel for the parties are present. Mr. D.C. Raina, learned counsel for the writ petitioners invited my attention to rule 23(2) and urged that the points of difference have not been formulated by the differing judges as is envisaged by sub -rule(2) of Rule -23 which reads as under: -

(2.) LEARNED Advocate General has contended that there is no need to formulate points of difference because the whole case has been decided by two different judgments by the Brother Judges, so this court has to decide the whole case afresh.

(3.) I have gone through the order of reference. Reference has been sent under sub -rule (2) of Rule -23.