The need for consideration by a Bench of five Judges when a question arises in an appropriate case.

ORDER

"1. Whether the award of the Court i.e., civil court made under Section 26 on reference under Section 18 would also include judgment and decree of the appellate court under Section 54 ?

2. Whether each successive award or judgment and decree (if answer on Question 1 is positive) would give cause of action to file application under Section 28-A; if so construed, does not such a construction violate the language used in Section 28-A when Parliament advisedly did not use such expressions ?"

2. The three-Judge Bench answered that so far as the first question of the reference is concerned there is no difference of opinion between the Benches. On the second question, on the facts in that case it did not arise for the reason that even the second reference asked for was beyond a period of three months and that, therefore, in that case it was held that there is no need for awaiting a decision by a Constitution Bench. In para 6 it was pointed out that if and when such a question arises in an appropriate case perhaps reference to a five-Judge Bench may become necessary. In this case that question in fact has arisen and that, therefore, the matter requires consideration by a Bench of five Judges.

3. Leave granted. Printing dispensed with. Appeal can be disposed of on the basis of the material on record. The matter may be placed before Honble the Chief Justice for constitution of five-Judge Bench and for disposal at an early date since several matters constantly keep coming up. Interim stay in the meanwhile.

Court Master