Decision by third judge due to difference of opinion between two judges couldn’t be termed as decisi

IT : Decision of the High Court u/s 259(2) by referring to a third Judge where the two Judges hearing the appeal differ in opinions is not the same as a decision rendered by a Bench of three Judges with one dissenting. Therefore, past Division Bench judgments of the same HC would bind the third Judge(referee Judge) who is hearing on the point of difference between the two Judges