Order XLVI Rule 6: Power to refer to High Court questions as jurisdiction in small causes

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(1) Where at any time before judgment a Court in which a suit has been instituted doubts whether the suit is cognizable by a Court of Small Causes or is not so cognizable, it may submit the record to the High Court with a statement of its reasons for the doubt as to the nature of the suit. (2) On receiving the record and statement, the High Court may order the Court either to proceed with the suit or to return the plaint for presentation to such other Court as it may in its order declare to be competent to take cognizance of the suit.

Effective date: 1909-01-01

Related sections

Order XLVI Rule 5: Power to alter etc., decree, of Court making reference Order XLVI Rule 7: Power to District Court to submit for revision proceedings had under mistake as to Order XLVI Rule 4: Costs of reference to High Court Order XLVII Rule 1: Application for review of judgment Order XLVI Rule 3: Judgment of High Court to be transmitted, and case disposed of accordingly Order XLVII Rule 2: To whom applications for review may be made

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