Bhandari and Falshaw JJ.

1. Two contrary views appear to have been expressed in regard to the interpretation of paragraph 8 of the Indian Independence (Right, Property and Liabilities) Order 1947, one by the Calcutta High Court in Union of India v. Lake Nath Saha, AIR 1952 Cal. 140 (A) and the other in a decision this Court reported as Chaman Lal Loona & Co. v. Dominion of India, New Delhi, AIR 1954 Punj. 129 (B). In order to resolve the confict which has arisen it would be desirable to refer this case to a larger Bench. We would order accordingly. This case will be heard at Simla.

Falshaw, J.

2 The facts giving rise to this second appeal which has been referred to a Full Bench are as follows: On 25-2-1947 a Karachi firm consigned a case of sewing needles by the North Western Railway from Karachi to Peshawar City under Railway Receipt No. 152065. The consignor made himself the consignee but the railway receipt was ultimately purchased by the firm Messrs. Balwant Singh Jaswant Singh, then of Peshawar. The case of needles was never delivered and on 26-4-1948 Messrs. Balwant Singh Jaswant Singh, giving a Dehra Dun address, instituted the present suit against the Dominion of In