JUDGMENT

S.B. MAJMUDAR, J.

(1) LEAVE granted in special leave petitions challenging the judgment and order dated 24/10/1996 and 25/10/1996 passed by the division bench of the High court of Gujarat in Miscellaneous (Civil) Application No. 1939 of 1995.

(2) BY consent of the learned advocates of the parties the appeals were taken up for final hearing. In these appeals by special leave the appellant- Company has brought in challenge the judgment and order dated 24/10/1996 and 25/10/1996 passed by the division bench of the High court of Gujarat in Miscellaneous Civil Application No. 1939 of 1995 arising from Special Civil Application No. 770 of 1995. Apart from the merits of the controversy raised by the appellant-Company against the aforesaid judgment, it is necessary to note at the outset one important procedural question which arises for consideration in these appeals. It runs as under:

"WHEN in review proceedings arising out of the decision of the division bench of two learned Judges of the High court rendered in a writ petition under Article 226 of the Constitution of India which is in the nature of original proceedings, the two learned Judges deciding the review