K S MOULVI MOHAMMAD HASAN Vs. BGAJADHAR PRASAD

JUDGEMENT

(1.) A preliminary objection was taken to the reference that the whole case ought to have been referred to the Pull Bench. For some years a practice had undoubtedly grown up in this Court to refer questions of law to a Full Bench as distinct from the whole case. This practice was obviously based on convenience so that the authoritative opinion of the Full Bench might be ascertained on the difficult questions of law and the time of the Full Bench might not be occupied by other questions of fact or other questions of law of lesser importance.Santhanand Gir V/s. Basudevanand Gir two questions of law were referred to a Full Bench of seven Judges, who delivered their opinions and answered the two questions. The case was then disposed of by the referring Judges. Again, in Udeypal Singh v. Lakshmi Chand , the Full Bench expressed the opinion on the question of law, on which there was a conflict of opinion, leaving other matters to be decided by the Bench concerned. There appears to be a similar practice in Calcutta, Bombay and Madras. Recently this Court has added Rule 3-A in Ch. 1, which is as follows: 3-A. The Chief Justice may constitute a Pull Bench of three or more Judges either to decide a case or to decide any question or questions of law formulated by a Court hearing a case; and in the latter case the issues so decided shall be returned to the Court hearing the case and that Court shall follow the decision of the Pull Bench on the issues referred, and shall then decide the remaining issues if any, and dispose of the case.

(2.) In view of this new rule no objection can now be raised. <JGN>Sulaiman</JGN> , C.J.

(3.) The following question has been referred to this Full Bench: Whether a person who does not pay in his own right land revenue of Rs. 1,500 per annum but who is a member of a joint Hindu family paying land revenue amounting to more than Rs. 5,000 is eligible for election to the Court of Wards or the Agra Province Zamindars Association under Section 4, United Provinces Court of Wards Aot read with Rule 5 of the Rules of the Agra Province Zamindars Association and the United Provinces Electoral Rules?