PREM CHAND JAIN, J.

1. Whether provisions of the Civil P.C. would apply to the writ proceedings, is the prime and important question which falls for our determination in these cases.

2. I do not propose to refer to the facts of the cases which have been set down for hearing before us as for answering the aforesaid question it is not necessary to do so and that each case will have to be gone into on its own facts by the Bench before which the cases will go back, in the light of the answer returned by us to the aforesaid question. But the circumstances which necessitated the reference may be stated.

3. C.W.P. No.1522 of 1973 came up for hearing before a Division Bench on November 23, 1978, when an argument was advanced on behalf of the contesting respondents that the provisions of the Civil P.C. applied to writ proceedings as has been provided under Rule 32 of the Writ Jurisdiction (Punjab and Haryana) Rules, 1976 (hereinafter referred to as the Writ Rules); and that in view of the provisions of O.23, R.1 of the Civil P.C. C.W.P. No.1522 of 1973 was not maintainable as in respect of the same cause of action the earlier petition, C.W. No.1064 of 1973 was got dismissed