MALIK, CJ.: - On a difference of opinion between brothers Desai and Brij Mohan Lall, the following point of law was referred to a larger Bench for decision:

"Where a winding up order was made in respect of a company after it had obtained a decree in a suit instituted by it and after an appeal preferred by it against an order allowing defendants objection under S.47, Civil P.C., had been decreed, can an application for review of the aforesaid judgment of the appellate Court be made by the defendant without obtaining leave of the Company Court under S.171, Companies Act (VII of 1913)?"

2. It is not necessary to set out the facts in detail. All that we need mention is that the Calcutta National Bank Ltd. had brought a suit against Qudratulla and his son Rahmat Ali Fatehulla for recovery of a large sum of money on the allegation that the principal debtor was the father and the son had guaranteed to payment of the debt. During the pendency of the suit the bank had applied for and had got certain aeroscraps attached before judgment. Rahmat Ali Fatehulla had claimed that those aeroscraps belonged to him exclusively and that he had been carrying on a separate business. The objection