(1.) -
(2.) THIS special appeal against the judgment and decree of a learned Single Judge of this court dated September 4, 1963, has come to us on a reference by a Division Bench in these circumstances.
(3.) IT appears, however, that this aspect of the matter was not canvassed for the consideration of the learned Judges who have made the present reference although it was the basis of the judgment of the learned Single Judge and was sufficient for the disposal of the second appeal.