Maharaj Sinha, J. - (1.) Normally, a learned Single Judge exercises the revisional jurisdiction both under the provisions of Section 115 of the Code of Civil Procedure and also under Article 227 of the Constitution to decide on merits all applications under such jurisdiction.
(2.) In the present case, however, in dealing with the merits of the above revisional application the learned Judge found that the point that arose for His Lordship's consideration was a point where there was no direct authority or judicial pronouncement of this Court. In the words of the learned Judge. "The point as to whether an unregistered society or an unregistered club can acquire and hold properties movable as well as immovable is a point which has not been dealt with and decided in a direct way by this Court. As it will appear the point is not at all free from controversies".
(3.) On the above basis, after having considered the facts and circumstances of the case and the decided authorities on the subject, the learned Judge was pleased to frame two questions, which questions, the learned Judge thought should be referred to "higher Bench" for decision. For the sake of convenience the said two questions, as framed by the learned Single Judge, including the concluding portion of His Lordship's judgment are quoted below:- In view of what has been stated above the following two points are being framed for referring them to a higher Bench for decision : 1. Does a society including a club not registered under the provisions of the Societies Registration Act come under the category of a "living person" as per Section 5 of the Transfer of Property Act and can such an unregistered society or an unregistered club validly acquire immovable property by purchase under the provisions of the Transfer of Property Act? 2. Will a purchase of immovable property made by an unregistered club showing the Secretary alone as the purchaser in the deed of purchase be a valid one? Place the records before the Hon'ble the Chief Justice for referring the points framed above to a higher Bench for decision.;