S. N. AGGARWAL, J. :- The question that we need to answer in this appeal has been referred to us by brother Sodhi, J. who on 4-8-2004 when the matter came for hearing before him passed the following order:-

"Vide order dated 6th May, 2004, Hon'ble Mr. Justice Madan B. Lokur has expressed his dissent against the judgment in Bani v. Prakash Singh (AIR 1996 P and H 175) which appears to have been followed by a judgment of this Court in Satish v. Meena (93 (2001) Delhi Law Times 545). In this view of the matter, it would be appropriate that this matter is referred to a Larger Bench.

2. We have seen the order dated 6-5-2004 of brother Lokur, J. and we find no crystallized dissent in the said order that there is no prestlise descent (dissent) against the judgment in Bani's case (supra). Faced with this situation, we have two options before us, either to answer the reference ourselves or to remand the case back to the learned single Judge for decision of the appeal in accordance with law. We prefer to follow the former as it would advance the cause of justice and would save the parties botheration of on going litigation.

3. The question referred before us is whether the appeal again