Honble KOKJE, A.C.J–This is a case referred by a learned Single Judge for decision by a larger Bench. A perusal of the record shows that as many as six defects were pointed out by the Office which were not removed despite opportunity being given by the Office and, therefore, the case was directed to be put up for orders before the learned Single Judge on 1.5.1998. On that day the matter was pa- rtly heard for admission and was put up on the next day for further arguments. On 2.5.1998, the learned Judge referred the matter to a larger Bench by detailed order, referring as many as five points for determination by the larger Bench. In the circumstances of the case when the case was not even admitted and opposite party was not before the Court, in our opinion there was no occasion for making a Refe- rence to a longer Bench. If the learned Single Judge did not agree with the contentions of the learned counsel for the petitioner, he could dismiss the petition and if he agreed that the case was arguable, he could have issued notice to the respondents. If upon hearing both the parties the learned Single Judge had found that certain important questions arose in the case which needed reference to a lar- ger Bench, he could have directed that the matter be placed before the Chief Justice for constitution of a larger Bench. That appears to be the scheme of the rules of the High Court of Judicature for Rajasthan 1952. Rule 59 of the aforesaid rules provides that the Chief Justice may constitute a Bench of two or more Judges to decide a case or any question or questions of law formulated by a Bench hearing a case. Even otherwise, the opposite party will have to be called upon, even by the larger Bench, to have its say before it. It would, therefore, be appropriate not to answer such a reference and direct that it be listed before appropriate regular Single Bench, which shall first decide whether to entertain the case despite the defects or order for removal of defects or here the case at admission stage and if at all the case is found to be worth admission, call upon the other side to have its say before the Single Judge. If after hearing both the parties the learned Single Judge finds that there are certain questions which deserve to be referred to a larger Bench, the matter could always be placed before the Chief Justice for constitution of a larger Bench. The reference is accordingly disposed of. The matter be placed before appropriate regular Single Bench on 19.8.1998.