AIR 1992 ALLAHABAD 151 ::1992 ALL. L. J. 564 ::(1991) 2 All WC 1408 ::1991 (2) EFR 514

Allahabad High Court

Hon'ble Judge(s): Ravi S. Dhavan , J

Allahabad High Court Rules (1952) , Chap.8, S.8, R.3— Practice and procedure - Division bench - Differences of opinions between Judges - Reference to third Judge - Validity - Separate and divergent signed and sealed judgments - Opinion of third Judge sought without stating points of differences - Reference to third Judge not proper - Matter should be referred to larger bench. Practice and procedure - Division bench - Difference of opinions - Reference - Validity. Delivering conflicting judgments as a Division Court and not stating the points on which judges have differed may not be a case of reference to a third judge. Divergent opinions of two judges delivering conflicting judgments but in seeking a reference as an opinion from another court will be an occasion for addressal before a larger Bench which in any case will have all the advantages, without being incompetent to decide the entire matter of controversy. Case law discussed.(Para 23) The balance of third judge, and the principle of stare decisis or binding precedents, hangs by a very slender thread. It is not for the third judge, thus, to certify one judge right and another judge wrong, in the matter which has been referred to it. Should this happen then it would be a bad precedent and it will precipitate a situation of three separate judgments in a singl....