Per Shri B.P. Sood— This reference has arisen as a consequence of divergence of opinion between the learned Members, Shri Gajendra Singh and Shri S. L Kakar, while disposing of the second appeal preferred against the judgment and decree passed by the learned Revenue Appellate Authority Jaipur on 2-4-64. In accordance with the procedure laid down in sec. 13(2) of the Rajasthan Land Revenue Act, the case was submitted to the Chairman, Board of Revenue for reference to another Member of the Board for decision in accordance with the opinion of the majority of the Members who heard it. Eventually the case came up for hearing on 30-12-69 before the learned Member, Shri Niranjan Singh.

A preliminary objection was raised on behalf of the respondents that sec.98(2) of the C.P.C. provided that where in an appeal heard by a bench of two or more Judges, there is no majority of opinion to decide the appeal, the decree of the lower court shall be confirmed. It was contended that in the instant case the procedure laid down in sec. 98(2) of the C.P.C. had not been followed since the learned Members had not made any statement on the point of law on which they had differed and, therefore, the decree

Click Here to Read the rest of this document