ORDER XLVI REFERENCE - RULE 1, 2, 3, 4, 5, 6, 7 OF CODE OF CIVIL PROCEDURE 1908
What is Reference of question to High Court? Court may
pass decree contingent upon decision of High Court, Should
Judgment of High Court to be transmitted and case disposed
of accordingly? What is Costs of reference to High Court?
What is Reference to high Court under proviso to section
113? What is the Power to alter, etc., decree, of Court
making reference? What is the Power to refer to High Court
questions as to jurisdiction in small causes? What is the
Power to District Court to submit for revision proceeding
had under mistake as to jurisdiction in small causes? Rule
1, 2, 3, 4, 5, 6 and 7 of Order XLVI of Code of Civil Procedure 1908
Reference of question to High Court, Court may pass
decree contingent upon decision of High Court, Judgment
of High Court to be transmitted and case disposed of
accordingly, Costs of reference to High Court, Reference
to high Court under proviso to section 113, Power to
alter, etc., decree, of Court making reference, Power to
refer to High Court questions as to jurisdiction in
small causes and Power to District Court to submit for
revision proceeding had under mistake as to jurisdiction
in small causes are defined under Rule
1, 2, 3, 4, 5, 6 and 7 of Order XLVI of
Code of Civil Procedure 1908. Provisions under these Rules are:
Rule 1 Order XLVI of Code of Civil Procedure 1908 "Reference
of question to High Court"
Where, before or on the hearing of a suit or an appeal in
which the decree is not subject to appeal, or where, in the
execution of any such decree, any question of law or usage
having the force of law arises, on which the Court trying
the suit or appeal, or executing the decree, entertains
reasonable doubt, the Court may, either of its own motion or
on the application of any all the parties, draw up a
statement of the facts of the case and the point on which
doubt is entertained, and refer such statement with its own
opinion on the point for the decision of the High Court.
Rule 2 Order XLVI of Code of Civil Procedure 1908 "Court
may pass decree contingent upon decision of High Court"
The Court may either stay the proceedings or proceed in
the case notwithstanding such reference, and may pass a
decree or make an order contingent upon the decision of the
High Court on the point referred;
But no decree order shall be executed in any case in which
such reference is made until the receipt of a copy of the
Judgment of the High Court upon the reference.
Rule 3 Order XLVI of Code of Civil Procedure 1908 "Judgment
of High Court to be transmitted and case disposed of
accordingly"
The High Court, after hearing the parties if they appear and
desire to be heard,, shall decide the point so referred, and
shall transmit a copy of its Judgment, under the signature
of the Registrar, to the Court by which the reference was
made; and such Court shall, on the receipt thereof, proceed
to dispose of the case in conformity with the decision of
the High Court.
Rule 4 Order XLVI of Code of Civil Procedure 1908 "Costs
of reference to High Court"
The costs if any consequent on a reference for the decision
of the High Court shall be costs in the case.
Rule 4A Order XLVI of Code of Civil Procedure 1908 "Reference
to high Court under proviso to section 113"
The provisions of rules 2, 3 and 4 shall apply to any
reference by the Court under the proviso to section 113 as
they apply to a reference under rule 1.
Rule 5 Order XLVI of Code of Civil Procedure 1908 "Power
to alter, etc., decree, of Court making reference"
Where a case is referred to the High Court, under rule 1
61[or under the proviso to section 113], the High Court may
return the case for amendment, and may alter, cancel or set
aside any decree or order which the Court making the
reference has passed or made in the case out of which the
reference arose, and make such order as it thinks fit.
Rule 6 Order XLVI of Code of Civil Procedure 1908 "Power
to refer to High Court questions as to jurisdiction in small
causes"
(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.
Rule 7 Order XLVI of Code of Civil Procedure 1908 "Power
to District Court to submit for revision proceeding had
under mistake as to jurisdiction in small causes"
(1) Where it appears to a District Court that a Court
subordinate thereto has, by reason of erroneously holding a
suit to be cognizable by a Court of small Causes or not to
be so cognizable, failed to exercise a jurisdiction vested
in it by law, or exercised a jurisdiction not so vested, the
District Court may, and if required by a party shall, submit
the record to the High Court with a statement of its reasons
for considering the opinion of the subordinate Court with
respect to the nature of the suit to be erroneous.
(2) On receiving the record and statement the High Court may
make such order in the case as it thinks fit.
(3) With respect to any proceedings subsequent to decree in
any case submitted to the High Court under this rule, the
High Court may make such order as in the circumstance
appears to it to be just and proper.
(4) A Court subordinate to a District Court shall comply
with any requisition which the District Court may make for
any record or information for the purposes of this rule.
ORDER XLI APPEALS FROM ORIGINAL DEGREES
Form of appeal, What to accompany memorandum? What are the
Grounds which may be taken in appeal? What is Rejection or
amendment of memorandums? How to file Application for
condonation of delay? What is the meaning of One of several
plaintiffs or defendants may obtain reversal of whole decree
where it proceeds on ground common to all? Rule
1, 2, 3 and 4 of Order XLI of Code of Civil Procedure 1908
What is Stay by Appellate Court? What is Security in
case of order for execution of decree appealed from?
What is Exercise of powers in appeal from order made
in execution of decree? Rule
5, 6, 7 and 8 of Order XLI of Code of Civil Procedure 1908
What is Registry of memorandum of appeals? Do
Appellate Court may require appellant to furnish
security for costs? What is the Power to dismiss
appeal without sending notice to Lower Courts? How
to fix Day for hearing appeal? Should Appellate
Court to give notice to Court whose decree applied
from? How is Publication and service of notice of
day for hearing appeal? What are the Contents of
notice? Rule
9, 10, 11, 12, 13, 14 and 15 of Order XLI of Code of Civil Procedure 1908
What is Right to begin? What is the meaning of
Dismissal of appeal for appellants' default? When
Dismissal of and where notice not served in
consequence of appellant's failure to deposit costs?
How to do Re-admission of appeal dismissed for
default? What is the Power to adjourn hearing and
direct persons appearing interested to be made
respondents? How to do Re-hearing on application of
respondent against whom ex parte decree made? Can
Upon hearing respondent may object to decree as if
he had preferred a separate appeal? Rule
16, 17, 18, 19, 20, 21 and 22 of Order XLI of Code of Civil Procedure 1908
What is Remand of case by Appellate Court? What is
Remand in other Cases? Where evidence on record
sufficient Appellate Court may determine case
finally? Where Appellate Court may frame issues and
refer them for trial to Court whose decree appealed
from? Should Findings and evidence to be put on
record? What are the Objections to finding? Should
Order of remand to mention date of next hearing? Can
Production of additional evidence in Appellate Court
allowed? What is the Mode of taking additional
evidence? What are the Points to be defined and
recorded? Rule
23, 24, 25, 26, 27, 28 and 29 of Order XLI of Code of Civil Procedure 1908
Judgment when and where pronounced? What are
Contents, date and signature of Judgment? What
Judgment may direct? What is the Power of Court of
Appeal? Is dissent to be recorded? Rule 30, 31, 32,
33 and 34 of Order XLI of Code of Civil Procedure 1908
What are Date and contents of decree? How many
Copies of Judgment and decree to be furnished to
parties? Should Certified copy of decree to be sent
to Court whose decree appealed from? Rule 35, 36 and
37 of Order XLI of Code of Civil Procedure 1908
ORDER XLII APPEALS FROM
APPELLATE DECREES
What is Procedure? What is the Power of Court to direct that
the appeal be heard on the question formulated by it? What
is Application of rule 14 of Order XLI? Rule 1, 2 and 3 of Order XLII of Code of Civil Procedure 1908
ORDER XLIII
APPEALS FROM ORDERS
Appeal from orders and Procedure Rule 1 and 2 of Order XLIII of Code of Civil Procedure 1908
ORDER XLIV APPEALS BY INDIGENT PERSONS
Who may appeal as an indigent person? Grant of time for
payment of court-fee, Inquiry as to whether applicant is an
indigent person? Rule 1, 2 and 3 of Order XLIV of Code of Civil Procedure 1908
ORDER XLV APPEALS TO THE SUPREME COURT
"Decree" defined, What is Application to Court whose decree
complained of? What is Certificate as to value or fitness?
What is the Effect of refusal of certificate? Are Security
and deposit required on grant of certificate? What is
Admission of appeal and procedure thereon? Rule 1, 2, 3, 4,
5, 6, 7 and 8 of Order XLV of Code of Civil Procedure 1908
What is Revocation of acceptance of security? What is the
Power to dispense with notices in case of deceased parties?
What is the Power to order further security or payment? What
is the Effect of failure to comply with order? Refund of
balance deposit, Powers of Court pending appeal, Increase of
security found inadequate, What is the Procedure to enforce
orders of the Supreme Court? How to file Appeal from order
relating to execution? Rule 9, 9A, 10, 11, 12, 13, 14, 15 and
16 of Order XLV of Code of Civil Procedure 1908
ORDER XLVI REFERENCE
What is Reference of question to High Court? Court may pass
decree contingent upon decision of High Court, Should
Judgment of High Court to be transmitted and case disposed
of accordingly? What is Costs of reference to High Court?
What is Reference to high Court under proviso to section
113? What is the Power to alter, etc., decree, of Court
making reference? What is the Power to refer to High Court
questions as to jurisdiction in small causes? What is the
Power to District Court to submit for revision proceeding
had under mistake as to jurisdiction in small causes? Rule
1, 2, 3, 4, 5, 6 and 7 of Order XLVI of Code of Civil Procedure 1908
ORDER XLVII REVIEW
What is Application for review of judgment? To whom
applications for review may be made? What is the Form of
applications for review? When Application where rejected?
How to file Application for review in Court consisting of
two or more judges? Application where rejected? When Order
of rejection not appealable? Objections to order granting
application, Registry of application granted, and order for
re-hearing, Bar of certain application? Rule 1, 2, 3, 4, 5,
6, 7, 8 and 9 of Order XLVII of Code of Civil Procedure 1908
ORDER XLVIII MISCELLANEOUS
Is Process to be served at expense of party issuing? Orders
and notices how served? Use of form in appendices? Rule 1, 2
and 3 of Order XLVIII of Code of Civil Procedure 1908
ORDER XLIX CHARTERED HIGH COURTS
Who may serve processes of High Court? What is Saying in
respect of Chartered High Courts? Application of rules? Rule
1, 2 and 3 of Order XLIX of Code of Civil Procedure 1908
