Chagla, C.J.

1. This special civil application has been referred to a Full Bench by Mr. Justice Shah and Mr. Justice Gokhale. No question has been formulated by the learned Judges, but it seems that they took the view that the decision of a Division Bench of this Court in Anthony Almeda v. Taylor, 58 Bom LR 899: (AIR 1956 Bom 737) (A), requires reconsideration inasmuch as a decision of the Supreme Court in DCosta v Patel, 57 Bom LR 738: ( (S) AIR 1055 SC 412) (B), seems to the learned Judges inconsistent with the view taken of the law in Almedas case (A).

2. Now, curiously enough, the Advocate General emphatically asserts before us that not only the decision of the Supreme Court is not inconsistent with Almedas case (A), but that the decision of the Supreme Court supports and reinforces the view taken by this Court in Almedas case (A), and Mr. Singhvi not so emphatically also agrees that it is difficult to find any inconsistency between the judgment of the Supreme Court and the judgment in Almedas case (A). But inasmuch as the matter has been referred to the Full Bench and the matter has been argued at great length and the Advocate General tells us that a decision should be g