DESAI, C.J.:-

(On Behalf of himself Shelat and Mody, JJ.):

This Special Full Bench has been constituted in order to consider the question relating to the binding nature of the judicial precedents of the Bombay High Court prior to 1st May, 1960, on this High Court. This very matter was considered by a Full Bench of three Judges of this Court including the then Chief Justice in the case of Anand Municipality v. Union of India, reported in (1960) 1 Guj LR 82 : (AIR 1960 Gujarat 40) (FB). Later on, a Division Bench of this Court consisting of Mr. Justice Raju and Mr. Justice Bakshi found it difficult to accept the view expressed by the Full Bench in the aforesaid case and made a request for referring the question to another Full Bench for a re-consideration of the matter. It was held by the Full Bench of this Court in the aforesaid case of (1960) 1 Guj LR 82 : (AIR 1960 Gujarat 40) (FB) that the judicial precedents of the Bombay High Court prior to the 1st of May, 1960, i.e., the day on which the State of Gujarat came into being, fell within the ambit of the words "the law in force immediately before the appointed day" in Sec.87 of the Bombay Reorganisation Act of 1960, and wer