JUDGMENT

Wazir Hasan, CJ and Smith, J - In this ca8e the plaintiff claimed the property of one liana Lal as his heir, It is stated in the plaint that Ram La] has not been heard of for the last seven years (vide para. 6). On this fact the lower appellate Court has founded the presumption that Ram Lal was dead on the date of the institution of the suit. It is argued on behalf of the defendants before us that there is no presumption in law that Ram Lal died on the date of the institution of this suit. In support of this contention reliance is placed upop the decision of their Lordships of the Judicial Committee in the case of Lal Chand Marwari v. Ramrup Gir A.I.R. 1926 P.C. 9. The lower appellate Court has, in deciding the point in favour of the plaintiff, referred to a decision of a single Judge of this Court in the case of Mahadeo Singh v. Har Buksh Dube.

We are of opinion that the proposition of law involved in the defendants' argument in this case is of sufficient importance to be decided by a Full Bench of the Court. Accordingly under Section 14(1), Oudh Courts Act, 1925, we refer the following proposition to the Pull Bench for decision:

Is there any presumption of law, in the oi