S.B. Sinha, J.

This writ application involved a very interesting question of law relating to interpretation of Rule 20 of the Wilkinson's Rule by reason where of the Governor General's agent and his assistants are authorised at their discretion to refer suits for decision to panchs. Rule 20 of the Wilkinson Rules read as follows:-

"After the plaints had been filed and defendant's answer received. Either at the Sadar Station or any other part of the district where the Agent's on the assistant's cutchery may be at the same time. The panchayat to consist of three or five persons to be selected by the agents or assistants from amongst the person most conversant with the matter at issue. The persons to compose the panchayat shall not be nominated until the plaintiff, defendant and witnesses had been assembled. The plaintiff and defendant shall each be permitted to challenge any member of the panchayat and on giving sufficient reason for the challenge or other person or persons shall be selected to supply his or their place. The plaintiff and the defendant or their agents shall each be called on. On the Governor General's Agent or his assistant determining to refer a suit to a pan