MODI, J.—The question referred to the Full Bench are as follows :—

(1) What is the interpretation to be put on the Exception to Rule 17 of the Ijlas-i-Khas Rules of 1939, and whether it is necessary that there should be an issue as to the nature of the tenure before the exception applies and the conditions contained in clause (a) of Rule 17 can be waived, and whether the decision in Hukum Singhs case is correct ?

(2) Is the decision in Udaimals case correct in view of the fact that Order 45, and particularly O. 45, R. 3, were not in force in the former State of Jodhpur, and whether in view of these facts it is open to a party to whom leave has been granted, to urge other grounds in support of the leave than those on which leave was granted to him by the Chief Court?

2. The facts of the two connected cases out of which this reference has arisen may be stated very shortly for our present purpose. The dispute relates to the succession to the Jagir of Malpuria, Tehsil Sojat, District Pali, and arose on the death of its last holder Ganeshlal. Two rival claims are put forward; one on behalf of Mohanlal appellant in both cases, and the other on behalf of Ambalal and others who were responden

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