It is
clear to our mind that the decision in Antony's case
(supra) has been rendered per incuriam and cannot be
binding on the learned appellate Authority.
In view of the importance of the issue involved and
the apparent conflict between the views taken in Mar
Appraem Kuri Co.'s case(supra), K.George v.
Thankamma Varghese(supra) and the view taken in
Antony v. Kesavan(supra), we requested Sri.
B.Jayasankar, Advocate to assist the court as Amicus
Curiae. He readily agreed and would address us in support
of the view taken by the learned appellate Authority in the
impugned judgment.