B. J. DIVAN, D. A. DESAI, S. N. PATEL, J.

( 1 ) THE main question with which we are concerned in the present reference to the Full Bench is whether the decision of a Division Bench of this Court in PRABHUDAS V. BHOGILAL (1967) 8 G. L. R. 649 is overruled by necessary implication by the decision of the Supreme Court in M. L. SETHI V. R. P. KAPUR A. I. R. 1972 S. C. 2379.

( 2 ) THIS Civil Revision first came up for final hearing before one of us on October 16 1973 and at that time in view of the decisions in Civil Revision Application No. 731 of 1967 decided on January 11 1967 and M. L. Sethi v. R. P. Kapur (supra) and the decision of the Division Bench of this Court in Prabhudas v. Bhogilal (supra) the matter was referred to a Division Bench. Thereafter the matter came up for hearing before the Division Bench consisting of M. U. Shah and B. K. Mehta JJ. and by their referring judgment dated December 19 1973 the Division Bench referred the case to a larger bench in view of the decision of the Supreme Court in M. L. Sethi v. R. P. Kapur (supra) and under these circumstances the matter has now come before this Full Bench.

( 3 ) IN order to appreciate the controversy involved in this cas

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