Harbans Singh, J.

1. This revision petition raises a question of the interpretation of Sub-sections (4) and (9) of Section 145 of the Criminal Procedure Code and in view of the importance of the question the matter was referred to a larger Bench when the petition came up before me sitting in Single Bench.

2. The facts giving rise to the dispute may briefly be stated as under: With regard to a chabutra in Ludbiana attached to a religious institution there was a dispute between two rival parties and on the report of the police the chabutra was attached and notice was issued to both the parties to put in written statements and documents in support of their respective claims to the possession of the same. When the parties, after service, appeared before the Court on 2lst August 1958, the case was adjourned till 12th September, 1958, to enable the parties to produce affidavits of such witnesses as they may deem fit.

On the latter date, affidavits of seven person were put in on behalf of the first party and affidavits of twenty six persons on behalf of the second party (petitioners in the present petition). The Court summoned some witnesses for 1st October, 1958. On that date an