11Decision 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 1Chapter 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.
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1. See now ss. 113 and 115 and the First Schedule, Order XLVI, of the Code of Civil Procedure, 1908 (Act 5 of 1908).
- 1 Title, extent and commencement
- 2 [Repealed.]
- 3 Savings
- 4 Definition
- 5 Establishment of Courts of Small Causes
- 6 Judge
- 7 Appointment of times of sitting in certain circumstances
- 8 Additional Judges
- 9 [Repealed.]
- 10 Power to require two Judges to si t as a bench
- 11 Decision in case heard by a bench
- 12 Registrar
- 13 [Repealed.]
- 14 Duties of ministerial officers
- 15 Cognizance of suits by Courts of Small Causes
- 16 Exclusive jurisdiction of Courts of Small Causes
- 17 Application of the Code of Civil Procedure
- 18 Trial of suits by Registrar
- 19 Admission, return and rejection of plaints by Registrar
- 20 Passing of decrees by Registrar on confession
- 21 Execution of decrees by Registrar
- 22 Adjournment of cases by chief ministerial officer
- 23 Return of plaints in suits involving questions of title
- 24 Appeal from certain orders of Courts of Small Causes
- 25 Revision of decrees and orders of Courts of Small Causes
- 26 [Repealed.]
- 27 Finali ty of decrees and orders
- 28 Subordination of Courts of Small Causes
- 29 Seal
- 30 Abolit ion of Courts of Small Causes
- 31 Saving of power to appoint Judge of Court of Small Causes to other office
- 32 Application of Act to Courts invested with jurisdiction of Court of Small Causes
- 33 Application of Act and Code to Court so invested as to two Courts
- 34 Modification of Code as so applied
- 35 Continuance of proceedings of abolished Courts
- 36 [Repealed.]
- 37 Publication of certain orders