( 1 ) THIS is a defendants application in revision under Section 115, Civil P. C. The following two questions of law were referred to the Full Bench : (1) Whether the words other sufficient grounds in Rule 1 (2) (b) of Order 23, Civil P. C. , cover grounds other than those mentioned in Rule 1 (2) (a) ? (2) If the answer to the first question is in the affirmative, in what circumstances and on what principles interference under Section 115, civil P. C. , can be justified ?

( 2 ) THE suit wherein these questions arose was one for a declaration to the effect that an oral gift made by the plaintiff, Abdul Rahman, in favour of the defendant, Abdul Ghafoor, his nephew, in 1942 was invalid and ineffectual and the entry of the defendants name in the khewat wrong and fictitious. The transfer, it was alleged, was never accepted by the donee and the property which it covered remained throughout with the plaintiff. One of the issues which arose for determination in the case thus was whether the plaintiff was in possession of the gifted properties.

( 3 ) THE trial Court considered the question on merits and answered it against the plaintiff. It held that the gift was not invalid and it