B.N. Srikrishana, J.:---This reference has been made to the Division Bench by the Learned Chief Justice for resolving a perceived conflict in judgments of learned Single Judges.

2. By an Order dated 23rd December, 1999, T.K. Chandrashekhara Das, J., suggested to the learned Chief Justice that the following two questions be referred to a Division Bench for resolving the conflict in judgments of Single Judges:--

"1. Whether the discretion vested in the Court can be exercised as a matter of course if the plaintiff commits any failure to comply with the time frame prescribed under Rule 227 of the High Court Rules coupled with provisions or Order 37 of Code of Civil Procedure?

2. Whether time frame stipulated under Order 37 of Code of Civil Procedure has to be scrupulously followed both by plaintiff and defendant and whether the Court as a matter of course use its discretion to condone such failure and grant relief to such parties in view of the social objectives that has to be achieved in enacting Order 37 of Code of Civil Procedure?"

3. After hearing the Counsel, we are satisfied that, in order to resolve the controversy that has arisen, it is necessary to re-formulate the term