S. K. MAL LODHA, J.

( 1 ) THIS is a joint reference made by a learned single Judge of this Court in the two revisions involving somewhat similar questions, as according to him there are conflicting decisions of the learned Judges of this Court relating to the provisions of Order XVI, Rule 1, C. P. C. as amended by the Civil Procedure Code (Amendment) Act (No. 104 of 1976) (for short the Amendment Act), which came into force from Feb. 1, 1977.

( 2 ) WE will notice the facts giving rise to S. B. Civil Revision No. 49 of 1979, Yaqoob Ali v. Firm Taj Khan Ibrahim. as S. B. Civil Revision No. 289 of 1979, Heeralal v. Pyarelal was disposed of by a Division Bench on January 8, 1982 on account of the concession made, it was not considered proper to decide it on merits. S. B. Civil Revision No. 48 of 1979.

( 3 ) THE plaintiffs-non-petitioners filed a suit again the defendant-petitioner for specific performance of contract, damages etc. The suit was contested on various grounds by the defendant. Issues were framed on May 9, 1977. The plaintiffs led evidence, and closed it on July 11, 1978. Thereafter, the defendant tiled his list of witnesses including himself in rebuttal on July