1. This revision has come up before the Division Bench on a reference by our learned brother Justice M. P. Menon. Since the learned judge felt that the view expressed in the decision of this Court in Vellappally Plantations Private Ltd. v. State of Kerala, 1977 KLT. 265, required further consideration reference was made to the Division Bench.

2. The revision was against an order passed by the Taluk Land Board, Talappally on 30-10-1976. The said order was passed in proceedings taken against a firm 'Desamangalam Estate' for surrender of excess land. The firm is represented by its Managing Partner who has filed this appeal on behalf of the firm. The objection to the draft statement (dated 11-10-76) was filed by the Managing Partner on 13-10-1976. It is said that at that time the Managing Partner assumed that proceedings were taken against him not in regard to the firm as such but in regard to his share of the properties of the firm and therefore he assumed that he was called upon to reply only as an individual in regard to his share. He filed an additional objection on 30-10-1976 raising certain contentions on behalf of the firm. He mentioned in the application moved by his