Provincial Small Cause Courts Act, 1887
← Provincial Small Cause Courts Act, 1887
II — CONSTITUTION OF COURTS OF SMALL CAUSES · Section 11

Decision in case heard by a bench

Not yet verified with the latest version of the bare act.
Text as per India Code

(1) If two Judges, or a Judge and an Additional Judge, sitting together under the last foregoing section, differ as to a question of law or usage having the force of law, or in construing a document the construction of which may affect the merits, they shall draw up and refer, for the decision of the High Court, a statement of the facts of the case and of the point on which they differ in opinion, and the provisions of 1 Chapter XLVI of the Code of Civil Procedure (14 of 1882) shall apply to the reference.

(2) If they differ on any matter other than a matter specified in sub -section (1), the opinion of the Judge who is senior in respect of date of appointment as Judge of a Court of Small Causes, or, if one of them is an Additional Judge, then the opinion of the Judge sitting with him, shall prevail.

(3) For the purposes of sub-section (2), a Judge permanently appointed shall be deemed to be senior to an officiating Judge.

Judgments on Section 11