P. VENKATARAMA REDDI, J.

( 1 ) WHETHER a claim petition filed under Order XXI, Rule 58 C. P. C. and pending on the date of commencement of the C. P. C. (Amendment) Act, 1976 has to be dealt with in accordance with the pre-amended Rules 58 to 63 of Order XXI, or in accordance with the amended Rules 58 and 59, and whether a suit under the repealed Rule 63 lies against the order passed therein, are the questions that broadly fall for consideration in this Second Appeal and the C. R. P. The answer to this question mainly depends on the interpretation of Sectoin 97 (2) and (3) of the C. P. C. (Amendment) Act, 1976 which came into force on 1-2-1977. A Division Bench of this Court consisting of Jeevan Reddy, J. and Sardar Ali Khan, J. before whom the Second Appeal came up for hearing on a reference by the learned single Judge, felt that in view of the various conflicting decisions on this point, the matter is fit to be decided by a Full Bench. Incidentally it may be mentioned that the Division Bench doubted the correctness of the earlier judgment rendered by Jeevan Reddy, J. sitting singly. The C. R. P. has been directed to be posted before a Full Bench along with the Second Appeal. That

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