( 1 ) THIS reference to a Full Bench of seven Judges is necessitated because a question has arisen whether a decision given by a Full Bench of five Judges of the Bombay High Court in Bhuta v. Lakdu 21 Bom. L R. 157 lays down the correct law. The point which has been referred to us for our opinion is whether the procedure applicable in case of difference of opinion amongst Judges constituting a Division Bench where they are equally divided in opinion in the decision of an appeal from a subordinate Court is governed by sec. 98 sub-sec. (2) of the Code of Civil Procedure 1908 or Clause 36 of the Letters Patent. The Full Bench of five Judges has taken the view in Bhuta v. Lakdu that in such a case sec. 98 sub-sec. (2) applies and not Clause 36 and this view taken by five Judges of the Bombay High Court is assailed in the present reference. The reference has been made by J. M. Sheth and B. K. Mehta JJ. on a difference of opinion arising between them in a First Appeal preferred from a decree passed by the Third Joint Civil Judge (Senior Division) Ahmedabad. The two learned Judges differed on a question of fact and arrived at contrary conclusions. Mr. Justice J. M. Sheth