Dr. HOOJA, C.—In this instant reference case under Section 11 of L.R. Act, the learned Division Bench of this Board has referred the following legal questions for opinion of the Larger Bench:-

Q.1 Whether objection regarding improper service can be raised before first appellate Court in the appeal under Section 96(2) of the C.P.C. against an exparte decree?

Q.2 If yes, then under what circumstances?

2. On the above reference we have heard the learned counsels for the parties Shri Virendra Singh & Shir S.P. Singh. We have also heard other learned counsels of the Bars Shri P. Gandevia, Shri Y.D. Sharma, Shri J.S. Sankhla, Shri P.S. Dashara, Shri Bhoop Singh Vishnoi, Shri L.N. Pandya, Shri Hagamilal, Miss. Poonam Mathur, Shri Pradeep Bishnoi, Shri Ajay Pal and Shri Vikas Parashar.

3. At the outset we would like to state that all the learned advocates have vehemently submitted one common argument that the questions of reference are totally misconceived and does not require any answer because firstly Sec. 96(2) C.P.C. does not apply to present case as the impugned judgment was passed in an appeal under Section 223 of Rajasthan Tenancy Act, 1955. Secondly, provision of Section 96(2) C.P.C. i

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