Smt. Brij Rajkumari And Anr. vs Raja Mohammad Mustafa Ali Khan on 10 May, 1967
In view, however, of the decision of the Supreme Court in State of Rajasthan v. Mukan Chand, AIR 1964 SC 1633, the Bench was of opinion that the decision of this Court in Nand Ram's case, AIR 1962 All 521, needed reconsideration. It accordingly referred the case to a larger Bench. Thereafter, the case was fixed before a Bench of three Judges, namely, Oak, Gyanendra Kumar and Seth JJ. When the case was heard by them, the learned Advocate-General contended that if Sub-clause (vi) of Clause (f) of Section 2 of the U.P. Zamindars' Debt Reduction Act was foimd to be invalid, the effect of it would be to invalidate the entire Clause (f) which contained the definition of the term 'debt'. The learned Judges thought that the questions raised in the case were of sufficient importance to merit decision by a Full Bench of five Judges, and they passed an order to that effect.