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Allahabad High Court

Majju And Anr. vs Lachman Prasad And Anr. on 25 April, 1924

Equivalent citations: 84IND. CAS.702

JUDGMENT
 

 Cecil Henry Walsh, Acting C.J.
 

1. I should like to say that the matter of law raised by the appeal has been very fully argued by Mr. Haider in a very interesting discussion. I merely want to add my reason for constituting the Bench as I did in this case, because Mr. Haider raised a sort of indefinite protest against it. In this case, and  the next one which we are about to hear, it seemed to me, when I happened to be acting as Chief Justice and was looking into my duty as regards the constitution of the Bench, that these two cases were of a somewhat exceptional character and that in this case, in particular, it was desirable, having regard to the Full Bench which has been referred to and the fact that I was a member of that Full Bench, to have a decision of three Judges. I remain of the same opinion after hearing Mr. Haider's interesting, argument.
 

Ryves, J.
 

2. In my opinion the judgment of my learned brother was correct and I would dismiss the appeal.

Dalai, J.

3. I agree.

4. By the Court. The order of the Court is that the appeal is dismissed with costs on the higher scale.