( 1 ) ). I have the privilege to go through the separate but concurring judgment of S. K. Sen, J. and S. B. Sinha, J.

( 2 ) IT is indisputable that procedural laws are meant to advance justice and the same must apply to Order 47, Rule 5 of the Code of Civil Procedure. A Superior Court apart from its power under Section 229 read with Section 4 of the Code of Civil Procedure coupled with its power under Letters Patent as a matter of general policy may frame its procedural rules. This Court has framed Original Side Rules as well as Appellate Side Rules of procedure for civil cases as well as for petition under Art. 226 of the Constitution of India. In High Court of Judicature for Rajasthan v. Ramesh Chand Paliwal, AIR 1998 SC 1079 the Supreme Court has set at rest any controversy as respects power of the Chief Justice to constitute a bench of two or more Judges to decide a case or any question of law formulated by a bench hearing a case. It is pointed out by the Supreme Court that the Chief Justice enjoys special status not only under Constitution but also under Rules of Court made in exercise of the power conferred by Art. 225 of the Constitution. The Chief