Bijai Misir And Anr. vs Kali Prasad Misir And Ors. on 30 March, 1917
The view taken in the case of Muhammad Sadiq v. Laute Ram 23 A. 291 : A.W.N. (1901) 86, had been consistently followed until the decision in Bijai Misir v. Kali Prasad Misir 41 Ind. Cas. 912 : 39 A. 469 : 16 A.L.J. 496, when, for the first time, the then learned Chief Justice, proposed to depart from it. The other Judges, who constituted the Full Bench, however, differed.