WALLI ULLAH, J. :- This appeal was heard by a Bench of two learned Judges of this Court, Sinha and Wanchoo, JJ. on 10-11-1947. At the close of the hearing, judgment was dictated in open Court by the learned Judges. In the result, the appeal was allowed, the decrees of the courts below were set aside and the claim of the plaintiff-appellant was decreed with costs. Before the transcript of the judgment was signed by the learned Judges, it appears that the case was mentioned to the learned Judges with the result that the transcript was not signed by either of the two learned Judges. On the contrary, it appears that at the stage of signing the transcript either one or both the learned Judges felt the necessity of having some points further clarified by further arguments from counsel. Thus on 9-12-1947, as the "order sheet" shows, some arguments were heard but they were not finished, and it was ordered that the case might be listed again after a week for further arguments. After this stage, it appears the case was never listed again before the learned Judges concerned. Meanwhile various other proceedings such as applications for substitution of names on account of successive de