Pankajakshi(Dead) Through L.Rs. & Ors vs Chandrika & Ors

The Supreme Court referred two significant questions regarding the interpretation of Section 23 of the Travancore-Cochin High Court Act and Section 98(2) of the Code of Civil Procedure, 1908, to a larger 5-Judge Bench. The Court held that Section 23 is a special provision that may take precedence over Section 98(2), and it questioned whether the Court can direct a reference to a third judge under Articles 136 and 142 of the Constitution to resolve conflicts between High Court judges. The decision in P.V. Hemalatha v. Kattamkandi Puthiya Maliackal Saheeda was doubted and requires reconsideration by a larger bench.