( 1 ) THIS matter has come before us on a reference made by a division Bench of this Court vide order dated 19-2-2004. By this order the division Bench recorded that the question involved in the batch of cases was of considerable importance. Prior to this order, an order was passed by the same bench on 3-12-2003 expressing an opinion that there were different views expressed in two decisions of the Supreme Court with regard to interpretation of Order 18 Rule 5 of the Code of Civil Procedure (for short "the Code" ). Those two decisions of the supreme Court are Salem Advocate Bar association, Tamil Nadu v. Union of india, 2002 (6) ALD 34 (SC) = AIR 2003 sc 189 and Ameer Trading Corporation limited v. Shapoorji Data Processing limited, 2004 (1) ALD 34 (SC) = 2003 (1) dt (SC) 1177. First judgment was delivered on 25-10-2002 and the subsequent judgment on 18. 11. 2003. We have heard the learned counsel for the parties and also Mr. Vilas v. Afzulpurkar who was appointed as an amicus curiae to assist this Court. The learned Counsel appearing for the parties have argued the matter in detail. Although the Reference Court has stated that the real scope of Order 18 Rules 4, 5,