PER : J.B.Pardiwala, J. :-

(For himself and for Hon'ble Ravi R.Tripathi, Jayant Patel, M.R.Shah and A.G.Uraizee, JJ.)

1. This batch of Appeals under Clause 15 of the Letters Patent has been placed before this Special Bench pursuant to the order passed by the Hon’ble the Chief Justice on a reference made by a Division Bench first in point of time on 13th August 2013 while hearing a Letters Patent Appeal No.596 of 2008 arising from a judgment and order passed by a learned Single Judge of this Court in Special Civil Application No.408 of 1993.

2. It appears that the need to refer the matter to a Larger Bench necessitated since the Referring Bench noticed a conflict between the view expressed by a Division Bench of this Court in the case of Revaben Wd/o Ambalal Motibhai, and others v. Vinubhai Purshottambhai Patel and others, reported in 2013(1) GLH 440, and a Full Bench decision of this Court in the case of Dilavarsinhsinh Khodubha Jadeja v. The State of Gujarat and others, reported in 1995(1) GLH 58.

3. In such circumstances referred to above, the Division Bench of this Court framed and referred the following two questions :-

(1) Whether non-consideration of a Full Bench decis