S. S. Sandhawalia, C. J.–What is the precise import of the doctrine of precedent and its binding nature, which admittedly is the linch pin of our justice system; – becomes the focal question in this reference by the learned single Judge recording a frontal dissent against the ratio of the Division Bench JUDGMENT : of this very Court and seeking its reconsideration by a Full Bench.

2. The issue aforesaid stems from an appeal directed against the ORDER :of the Judicial Commissioner, Ranchi, whereby he declined to set aside an ex parte ORDER :passed earlier by him on the 27th of January, 1981. One Munga Devi is said to have executed a will in respect of her properties on the 3rd of March, 1970, in favour of the Opposite Party. On her death; an application under Section 276 of the Indian Succession Act, 1925, for the grant of probate, was moved by the opposite party. Therein notices were ORDER :ed to be issued to the appellants in accordance with law and a general notice was also issued. By an ORDER :dated the 26th of September, 1980, the service on the original appellant No.1 (Akhauri Raghubir Lal) was considered as sufficient, as the acknowledgement due receipt sent to him w