Kanhaiya Singh, J.

1. Second Appeal 462 of 1951 came up before a Division Bench of this Court from a decision of the 1st Additional Subordinate Judge, Muzaffarpur, dated 10th January. 1951. The main orgument be-fore the Bench was that there is a conflict between the decision of a Division Bench of this Court in M. A. Rauf V/s. Bodhi Singh, AIR 1950 Pat 484 (A) and a subsequent decision of another Division Bench in Dhani Jha V/s. Mt. Dharohari Kuer, 1955 B L J R 202 (B). In the course of argument reference was made to certain other decisions of the Privy Council and this Court, and the learned Judges before whom the appeal came considered that in view of the conflict of decisions, the case required consideration by a larger Bench and, therefore, referred the case to a Full Bench for determination.

2. Subsequently, Second Appeal 386 of 1951 from a decision of the 1st Additional District Judge, Muzaffarpur, dated 9th January 1951, came up before the said Division Bench, and the point involved was almost the same. The learned Judges, therefore, referred this case also to a Full Bench for disposal along with Second Appeal 462 of 1951. These two appeals have been accordingly cons