Code
(1) Where an appeal is heard by a Bench
of two or more Judges, the appeal shall be decided in accordance with the opinion of such Judges or of the
majority (if any) of such Judges.(2) Where there is no such majority which concurs in a judgment varying or reversing the decree
appealed from, such decree shall be confirmed:Provided that where the Bench hearing the appeal is1[composed of two or other even number of
Judges belonging to a Court consisting of more Judges than those constituting the Bench] and the Judges
composing the Bench differ in opinion on a point of law, they may state the point of law upon which they
differ and the appeal shall then be heard upon that point only by one or more of the other Judges, and
such point shall be decided according to the opinion of the majority (if any) of the Judges who have heard
the appeal, including those who first heard it.2[(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters to
patent of any High Court.]
