VIJAYLAKSHMI Vs. MUKUL

JUDGEMENT

(1.) The questions referred for adjudication before us in the present reference application read as under: -

(2.) Learned Single Bench of this Court vide Order dated 20.01.2021 referred the matter before the Larger Bench for adjudication on the ground that in the case of Smt. Gayatri Devi Vs. Shri Raghuveer Singh (S.B. Civil Transfer Application No. 112/2015) decided on 28.08.2019, a Coordinate Bench of this Court while relying upon the judgment rendered in the case of Bhanu Kumari Vs. Jitendra Singh and ors. reported in 2007(2) RLW (Raj.) 1077, decided the applications preferred under Section 24 of C.P.C. without issuing notice to the other side. Learned Single Bench while disagreeing with the view taken by the Coordinate Bench in the cases of Smt. Gayatri Devi (supra) and Bhanu Kumari (supra), referred the matter before the Larger Bench for deciding the above-mentioned questions.

(3.) We have heard learned counsel Mr. Vinay Jain.