P.K. Subramonia Iyer, J.

This Civil Revision Petition was disposed of on Kanni 29, 1124 by a Full Bench of the erstwhile Cochin High Court consisting of Sir C. V. Ananthakrishna Iyer, C. J., and Govinda Menon and Paul Mampilli, JJ. The Civil Miscellaneous Petition which is an application for review of that judgment was presented before the same High Court on Makaram 21, 1124. As Govinda Menon, J. was then on other duty, the Chief Justice and Mampilli, J. heard the petition and ordered notice to issue on Kumbhom 17, 1124.

2. The two States of Travancore and Cochin were united and formed one State as from the 1st day of July, 1949, 17th day of Mithunam 1124, with a common Executive, Legislature and Judiciary pursuant to the Covenant entered into by the Rulers of the two States with the concurrence of the Government of India. In exercise of the powers conferred by Article 11 of the Covenant, H, H the Raj Pramukh promulgated the United State of Travancore and Cochin Administration and Application of Laws Ordinance, 1 of 1124 providing by sections 3 (1) and 4 (1) that:

"3 [1] Subject to the provisions of this Ordinance, the existing laws of Travancore shall, until altered, amended or repealed by competent authority, continue to be in force mutatis mutandis in that portion of the territories of the United State which before the appointed day formed the territory of the State of Travancore."

"4. [1] Subject to the provisions of this Ordinance, the existing laws of Cochin shall, until altered, amended or repealed by competent authority, continue to be in force mutatis mutandis in that portion of the territories of the United State which before the appointed day formed the territory of the State of Cochin."

The second Ordinance was the United State of Travancore and Cochin High Court Ordinance, II of 1124 which came into force on the 7th day of July 1949 corresponding to the 23rd day of Mithunam 1124 M. E. (Section 3), sections 5, 6, 7 and 8 whereof are as follows:-

"5. There shall be a High Court of Judicature for the United, State of Travancore and Cochin.

6. The High Court of Judicature of the United State of Travancore and Cochin, hereinafter in this Ordinance referred to as the High Court, shall be a Court of record and shall sit at Ernakulam.

7. The High Court shall consist of a Chief Justice and of such number of other Judges not less than five as the Raj Pramukh may, from time to time, appoint.

8. All proceedings commenced prior to the coming into force of this Ordinance in either of the High Courts of Travancore and Cochin, hereinafter in this Ordinance referred to as the existing High Courts shall be continued and depend in the High Court as if they had commenced in the High Court after such date.

Any order made by either of the existing High Courts in any such proceedings as aforesaid shall for all purposes, have effect not only as an order of that Court, but also as an order made by the High Court."

3. Ananthakrishna Iyer, C. J. retired on Mithunam 16, and Mampilli, J. ceased to be attached to the court by Mithunam 23, 1124. The remaining two Judges of that Court, Koshi, J. Temporary Chief Justice and Govinda Menon, J. who rejoined duty in Edavam 1124, became Judges of this Court.

4. After service of notices upon the respondents, the application for review at its second stage came up before Koshi, J. (as he then was) and Govinda Menon, J. on Chingom 15, 1125 when they referred the case to a Full Bench as it involved an important question of the interpretation of the Cochin Thiyya Act, VIII of 1107, the statute law governing Marumakkathayee Ezhavas and it was thought that their decision in S. A. 181/22 Mariam v. Karambi, (39 Cochin 592) which was the only other case on the point, might require reconsideration.

5. Sri Komattil Achutha Menon, appearing for the respondents in the review relied upon the non-participation of Govinda Menon, J. who was a party to the decree, at the first stage of the review as a bar to our considering it