SITARAM LAXMANRAO KADAM Vs. DHARMASUKHRAM TANSUKHRAM TRIPATHI

JUDGEMENT

(1.) We think there is power under Rule 64 or otherwise for the Chief Justice to direct that a point of law be dealt with by a Full Bench, although the suit has only come before a single Judge. We do not think it necessary that on the Original Side the parties should first have a decision of the Judge of first instance and then appeal, and that then the appellate Court (which after all is only the Original Side sitting in the exercise of its appellate jurisdiction) should send the case before a Full Bench.

(2.) When this case came on for argument, a question arose as to whether these proceedings, having regard to our rules, could properly be brought by Originating Summons. On close investigation of our Rules, it appears doubtful, to say the least of it whether that could be done. Accordingly, by consent of the parties, these proceedings have been converted with the necessary amendments into a suit begun by a plaint in the ordinary way, and the written statement, which was already filed, has been treated as a written statement in answer to that plaint.

(3.) So, too, at the request of Mr. Justice Blackwell, I as Chief Justice directed in that amended suit that the same point of law be laid before the present Full Bench.