YASHODA NANDAN J. :- These two connected appeals have been referred to a larger Bench by a learned single Judge because he found himself unable to agree with the decision of one of us in Civil Revn. No. 1135 of 1976 (Triloki Nath v. Sri Tula Ram decided on 21st December, 1976). In both these appeals identical question of law arises for consideration.

2. The material facts giving rise to these appeals are that the plaintiff respondents after obtaining requisite sanction of the Advocate General of the State filed a suit under Section 92 of the Code of Civil Procedure -hereinafter referred to as the Code-against the appellants in the court of the Dist. Judge, Bareilly. The suit was transferred for decision to the Third Additional District Judge, Bareilly, who decided it ex parte on the 11th February. 1976. The appellants applied for setting aside of the ex parte decree but the application was dismissed. Against the dismissal of the application for the setting aside of the decree the appellants have preferred First Appeal From Order No. 93 of 1977. In the suit certain issues were decided by the Additional District Judge as preliminary issues. The issues having been decided agai