RAINA, J.:- This reference arises out of a revision petition filed by the plaintiff. Choudhary Gulabchand Jain. He filed a suit against the defendant Bhama for the recovery of a sum of Rs.8,187/-on the basis of an entry signed by the defendant in the account books of the plaintiff. The entry reads as follows:

The trial Court held that it was a bond within the meaning of the Stamp Act and directed the plaintiff to Day the duty and penalty which is to be charged for the bond. Aggrieved by this order the plaintiff filed the revision petition. Shivdayal. J., before whom the revision came up for hearing, referred the question whether the entry in the account books was a bond within the meaning of Section 2(5) of the Stamp Act (hereinafter referred to as the Act) in the following terms:-

"Although it can be said with regard to the expression "Baqi Dena" that it amounts to a bond on the authority of Bhansarlal v. Naval Kishore, (AIR 1958 Madh Pra 21) and also Hiralal v. Badkulal. AIR 1953 SC 225, in my opinion, the question whether the words 'Baqi Lena' also mean an obligation to pay the money within the meaning of Section 2(5) of the Stamp Act must be decided by a Division Bench."