(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 is 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 on 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.
Legal Commentary & Landmark Judgments: Section 98
Section 98 regulates the decision where an appeal is heard by a bench of two or more Judges, providing that the appeal shall be decided according to the opinion of the majority, and establishing reference procedures in case of equal division.
If a two-judge Division Bench splits on a pure question of law, move an application under the Section 98(2) proviso requesting the Bench to formally frame the point of law for reference to a third Judge.