Chaturvedi, J.

The point referred to us is, "Whether a Full Bench decision reported in 1949 M.B. Law Reporter p. 81 is correct?" In that decision it was held that the decisions of the former Indore State High Court are binding on Madhya Bharat High Court, Sanghi, J. (who has since then retired) felt embarrassed by this decision and was of opinion that "the decision is so clearly wrong that if allowed to stand, it will create confusion and cause much embarrassment to the Judges of this Court." He therefore, desired that the question should be considered by a larger Full Bench, so this matter has been placed before this Bench.

2. Mr. Niwaskar has raised a preliminary objection stating that Sanghi, J., was not competent to make this reference and to criticise the Full Bench decision as he was bound by it.

3. According to S. 29(b), Madhya Bharat High Court of Judicature Act Samvat 2005 (Act 8 of 1949), a case of special or novel character of involving any important point of law or custom having the force of law or of the consideration of any document, set down before a single Judge for hearing, may be referred at his instance, or at the instance of the Division Bench to a Full