Benode Lall Roy vs The River Steam Navigation Co.

Maclean, C.J.—I think that the preliminary objection, viz., that no point of law is referred under the reference, must prevail, and I arrive at that conclusion on a short and simple ground, that a reference can only be made for the opinion of the High Court upon some question of law, or usage, hiving the force of law, or upon the construction of a document, if any such question arises in a suit or proceeding in which the amount or value of the subject-matter is over 500 Rupees, and either party requires such reference. But in this case I am unable to see looking at the reference, that there is any question of law or usage having the force of law or the construction of any document, which is referred for the opinion of this Court. In this view of the case it becomes immaterial to consider to what extent, if at all, section 617 of the CPC is incorporated into, or must be read with, section 69 of the Small Cause Court Act. The reference must be discharged, and the defendant must have his costs.

O''Kinealy, J.

I concur with the judgment of the Chief Justice.

Trevelyan, J.

I agree with the learned Chief Justice in holding that this reference should be discharged upon the ground that the points which are raised by the pleader for the plaintiff do not arise upon the facts found. I am unable to discover any point of law suggested by the judge on the facts he has found. Therefore, I think, there is nothing to be considered in this reference. As to the construction of section 617, 1 desire to express no opinion.