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11. Decision in case heard by a bench.

(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.

1. The words "with the previous sanction of the G. G. in C. " omitted by Act 4 of 1914. s. 2 and the Schedule.

2. For notifications issued under cl. (2) of s. 5, see different local R. and O.

3. Subs. by the A. O. 1937, for section 6.

4. Subs., ibid., for the sub-section (1).

5. Subs. by Act 11 of 1915, s. 2 and the First Schedule, for "the Additional".

6. Ins. by s. 2 and the First Schedule, ibid.

Provincial Small Cause Courts Act, 1887 Back

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