A.K.MATHUR, D.M.DHARMADHIKARI, DIPAK MISRA
Diwan Singh – Appellant
Versus
Bhaiyalal – Respondent
Dharmadhikari, J. -- 1. In the course of deciding the above second appeal on merits the learned Single Judge (Dr. T.N. Singh, J. as he then was) thought that the law with regard to the applicability of Mitakshara School of Hindu Law to the newly formed State of Madhya Pradesh has not been specifically laid down with regard to different integrating units of the State of Madhya Pradesh in Full Bench decision in the case of Ramdayal v. Manaklal (1973 JLJ 764 = AIR 1973 MP 222). The learned Single Judge, therefore, in the instant appeal arising from a civil suit concerning parties residing in Ashok Nagar in District Guna has referred the following two questions for being answered by Full Bench.-
(1) Whether it is necessary to plead in specific terms by the party claiming benefit of any particular school or branch of Mitakshara System of Hindu Law that he is governed by that School of Law and the Court cannot take judicial notice of territorial application of any particular School of Law?
(2) Whether in the erstwhile Madhya Bharat region of the present State of Madhya Pradesh Banaras School of Hindu Law is administered and applicable to parties residing in any part of the region a
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