( 1 ) THE petitioners in these four petitions are the respondents in R. A. Nos. 104 and 109 of 1947-48. Two civil petitions are filed under Section 151 and Order 41, Rule 21, Civil P. C. , praying that the Court may be pleased to set aside the ex parte decree passed respectively in the appeals. Two other petitions C. Ps. Nos. 50 and 49 of 49-50 relate respectively to the above appeals and are filed under Section 114 and Order 47, Rule 1 of the C. P. C. , for review of the judgment passed in the above appeals.

( 2 ) BEFORE discussing the merits of these petitions it is necessary to set out in brief the history of these cases. Before these appeals were posted for hearing, the parties filed an application in or about March 1948 to advance the hearing of the appeals for an early disposal of the same. The appeals were subsequently heard by a Bench consisting of the then Chief Justice and when the arguments were almost concluded, the parties took time with a view to effect a compromise. Later, they were heard by another Bench and the Judge composing the Bench delivered differing opinions with the result that the cases were referred to a Full Bench for final decision. The appeals were po

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