Sinha And Mudholkar, J—This appeal and Letters Patent Appeal 15 of 1947 are in the nature of cross-appeals from the same order, which in effect is an order of remand. When the appeals were filed the office expressed a doubt as to the maintainability of the appeals in view of the decision of a Division Bench of this Court in KUNWARLAL SINGH v. SMT. UMADEVI, 1946 ILR(Nag) 482. Though the point arising in these appeals was not specifically decided in that case, the 'ratio decidendi' in that case would seem to cover the present case also. As we entertain a doubt, as regards the correctness of that decision applied to the present appeals we refer the following question for the decision of a Full Bench:

Whether the order of remand passed by a Single Judge of this Court sitting in Second Appeal amounts to a judgment within the meaning of clause 10 of the Letters Patent of this Court?

These appeals will be heard after the Full Bench has decided the point.

OPINION

2. SINHA C. J.: I have had the advantage of perusing the opinion recorded by my learned Brother Hidyatullah J. In his exhaustive treatment of the subject, viz., the legal significance of the term 'judgment' within the meaning