( 1 ) I have had the advantage of reading the opinion of my learned brother James and I am in agreement with the conclusion arrived at by him.

( 2 ) THE question which calls for our determination may be stated in the terms in which it has been stated by my learned brother, namely:

"whether the order of a Magistrate under Section 145 (4), Criminal P. C. which does not give any reasons for the order can or cannot be upheld because the learned Magistrate chose to make the order in Form XXII or Schedule V appended to the Code of Criminal Procedure?"

Section 145 (4) of the Code of Criminal Procedure is in these terms:"the Magistrate shall then, without refer-ence to the merits of the claims of any of such parties to a right to possess the subject of dis-pute, peruse the statement so put in, hear the parties, receive all such evidence as may be pro-duced by them respectively, consider the effect of such evidence, take such further evidence if any as he thinks necessary, and, If possible, decide whether any and which of the parties was at the date of the order before mentioned in such pos-session of the said subject: provided that, if it appears to the Magistrate that any party