Joymalya Bagchi, J.

The following questions of law have been referred for consideration by a Larger Bench:

(1) In an appeal preferred by a Government, whether the Government is entitled to get stay of execution of the decree impugned by taking aid of Order 27 Rule 8A of the Code, even if, the conditions mentioned in Clauses (a) and (b) of Sub-Rule 3 of Rule 5 of Order XLI are not complied with ?

(2) Whether a money appeal preferred by the Government can be disposed of on merit though till the time of hearing of the appeal, the Government has neither deposited the decretal amount nor has it given security thereof in terms of Sub Rule 3 of Rule 1 of Order XLI of the Code?

(3) Whether for non-compliance of the requirement of Order XLI Rule 1(3) of the Code, an appeal can be dismissed ?

(4) Whether the constitutional guarantee for securing the payment of debt arising out of any judgment and decree against the Union of India as provided in Article 112(3)(f) of the Constitution of India is sufficient for absolving it of its liability of complying with the mandatory requirement of Order XLI Rule 1 sub-Rule 3 of the Code of Civil Procedure ?

Controversy giving rise to the Refere