(1) Two questions have been referred to the Full Bench for its opinion. These are:

(1) Whether an appeal under clause 12 of the Letters Patent against a judgment of a Single Judge, passed by him in first appeal against a decree or order of subordinate court will be competent without the case being declared to be a fit one for appeal by the Single Judge?

(2) Whether the view taken by this Court in Satya Jyoti Vs. Maj. R D. Jyoti Letters Patent Appeal No. : 3 of 1978 decided on 14-3-1979 is correct ?

(2) The facts leading to the reference have been set out in detail in the order of reference. A decree u/s 10 of the Hindu Marriage Act, 1955, was passed against the appellant by District Judge, Jammu. Appeal taken from it was also dismissed by a learned Single Judge of this Court The appellant then filed an appeal under Cl. 12 of the Letters Patent against the judgment of the learned Single Judge An objection was taken on behalf of the respondent that the learned Single Judge not having declared the case to be a fit one for appeal in terms of Cl. 12 the appeal was not maintainable. Reliance was placed upon a Division Bench Judgment of this Court in Satya Jyoti Vs. Maj R, D.