( 1 ) THIS revision has been referred to a larger Bench at the instance of Tare J. before whom it was placed for hearing.

( 2 ) THE revision arises out of civil suit No. 39-A of 1954 which was instituted by the non-applicant Nirmalkumar against the applicants, Bisandas, Tekchand and shcwandas, in the Court of Third Civil Judge, Sagar, for recovery of Rs. 3,400/- on account Settled or alternatively for dissolution and accounts of partnership. After the parties led evidence, suit was fixed for arguments on 15-4-1957. On that date, it was adjourned to 16-4-1957 to allow the parties to prepare arguments. On 154-1957, however, the applicants moved the District Judge, Jabalpur, for transfer of the suit to another Court. On the same date, they sent a telegram to their counsel at Sagar intimating to him that an application for transfer was filed before the district Judge and he should get the suit adjourned. The application for transfer was taken up by the District Judge on 16-4-1957 when he passed an order that the trial Court might hear arguments but should defer delivery of judgment till disposal of the application.

( 3 ) THE trial Court declined to adjourn the suit on 1