OAK, CJ. :- I have read the judgment prepared by my learned brother Dwivedi, J. I agree that the three questions of law framed by him should be answered in the manner indicated by him.

2. S. N. DWIVEDI, J. :- These two appeals and the writ petition have been referred to a larger Bench for decision.

During the hearing the parties Counsel agreed that the Bench should decide three main questions of law arising in these cases and send back the reference to the learned Judges referring the cases for decision of the cases. Accordingly, we propose to express our opinion on the three main questions arising in these cases. One of these questions is common to all these cases, the second question arises only in Second Appeal No. 1443 of 1961; while the third question arises only in the writ petition. These questions are:

1. Whether, in view of the law declared by the Supreme Court in the cases of Upper Ganges Sugar Mills Ltd. v. Khalil-ul-Rahman, 1961 All LJ 27 : (AIR 1961 SC 143) and Amba Prasad v. Mahboob Ali Shah, 1964 All LJ 805 : (AIR 1965 SC 54), the decision or the Full Bench in the case of Ram Dular Singh v. Babu Sukhu Ram, 1963 All LJ 667 : (AIR 1964 All 498) (FB), is not good