JUDGMENT

S.N. Dwivedi, J. - Twelve cases have been referred to us for opinion on certain. matters. They may be divided into two groups. The first group consists of 3 second appeals Nos. 1442 of 1966, 1948 of 1966 and 2151 of 1966; the second group comprises 9 criminal revisions Nos. 1252 of 1966, 1363 of 1966, 1364 of 1966, 1365 of 1966, 1385 of 1966, 1386 of 1966, 1387 of 1966, 1388 of 1966 and 1397 of 1966.

2. Second appeal No. 2151 of 1966 is filed against the judgment and decree of Sri Indra Singh, a District Judge. Sri Indra Singh was directly appointed to the U.P. Higher Judicial Service. He was taken from the Bar. The other two appeals seek to challenge the decree and judgment of two Civil Judges passed in two first appeals. These three appeals have been referred to a larger Bench by Mr. Justice Mathur. In second appeal No. 2151 of 1966 he has referred two questions. They are : -

1. Was Sri Indra Singh validly appointed as a District Judge ? Did he have the jurisdiction to hear the appeal ?

2. Can the competency and jurisdiction of Sri Indra Singh be challenged in collateral proceedings like appeals and revisions ?

3. In the other two appeals Mr. Justice Mathur has formulated t