BRIJ MOHAN LALL, J.

( 1 ) THIS appln. arises in the following circumstances, viz :

( 2 ) A criminal revn. was filed by the appct. and It came up before the late Hon. Seth J. He heard the revn. and dismissed it by his order dated 14-9-50. He remarked in the course of his order that an important question of law had been raised but he was not disposed to interfere with the proceedings that were going on in the Ct. below "at this stage of the case". It seems that he had questioned the learned counsel whether the charge had been framed in the case and the answer given to him by the learned counsel was in the affirmative.

( 3 ) SOMETIME after the dismissal of that revn. the learned counsel presented an appln. Under section 561a, Cr. P. C. stating that the charge had, in fact, not been framed till then and that he had, on account of defective instructions, made an incorrect statement before the Ct. and that incorrect statement had influenced the judgment. He prayed that the Ct. might review its order. This appln. was also put up before the late Hon. Seth J. who heard the arguments and after full hearing dictated a judgment on 22-1-51 rejecting the appln. On 26-1-51 Seth J. died before sign

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