Untwalia, J.

1. All these three miscellaneous appeals referred to Full Bench have been heard together as the common question of law involved in them is whether dismissal of a judgment-debtors application u/s. 47 of the Code of Civil Procedure hereinafter called the Code in his default is a bar to the maintainability of an identical or a similar application by the judgment-debtor on the principles of res judicata.

2. By order dated 13th of April, 1967 R.K. Choudhary and G.N. Prasad, JJ., referred miscellaneous appeal 175 of 1962 to a larger Bench as in respect of the point aforesaid there was a conflict of views expressed in two Bench decisions of this Court, namely, Ramnarain Singh V/s. Basudeo Singh, AIR 1947 Pat 298 and Bhagwati Prasad Sah V/s. Radha Kisun Sah, AIR 1950 Pat 354. Since this was an appeal from an original order, obviously the reference was under Rule 3, Chapter V of the Patna High Court Rules, and only the questions of law could be referred. No question for answer by the Full Bench was, however, framed by the Division Bench. Miscellaneous Appeal 248 of 1964 which is an appeal from an appellate order, in view of the earlier reference to the Full Bench in mis