MALIK, AGARWALA, V. BHARGAVA, MUKERJI, M. L. CHATURVEDI, ASTHANA, MEHROTRA
Ramrichpal Singh – Appellant
Versus
Dayanand Sarup minor Bhagwat Sarup – Respondent
MALIK, CJ.:- These two cases came up before a Bench for hearing in the year 1949 and on 10-5-1949, they were referred to a Full Bench as there was a conflict of opinion between the Allahabad High Court and the Oudh Chief Court on the point whether a revision under S.115, Civil P.C. (Act 5 of 1908) was entertainable by the High Court in a case where a Judge had refused to grant an application under S.10 of the Code. The Allahabad High Court had held that no revision lay to this Court against the order as it was not a case decided, while the Oudh Chief Court had taken a contrary view that it was a case decided and a revision was entertainable. After the amalgamation of the two Courts in 1948 it was considered proper that there should remain no conflict and the case was, therefore, referred to a Full Bench for decision. When, however, the case was put up before a Bench of three Judges on 22-10-1951, they referred it to a larger Bench and on 24-10-1951, when the case came up before a Bench of five Judges they referred it to a Bench of seven Judges. The Full Bench of three Judges or of five Judges did not give any reason why it was necessary to have the point decided by a Bench
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