High CourtsDivision Bench

Krishna Doss Paramananda Doss vs Frederick William Emery and Another

Madras High Court · Decided on 1 October 1912 · Citation: 17 Ind. Cas. 93

HON’BLE JUDGES
Sundara Aiyar, J · Sadasiva Aiyar, J
ACTS & SECTIONS REFERRED
Presidency Small Cause Courts Act, 1882 — Section 69
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Judgment

1 paragraphs · 124 words
1.

This is a Reference by the learned Chief Judge of the Presidency Court of Small Causes u/s 69 of the Presidency Small Cause Courts Act, asking the opinion of this Court on certain points of law. According to Section 69, as it now stands, a reference can be made only when the Court entertains a reasonable doubt. Under the section as it stood before, he was bound to make a reference, if either of the parties to the suit requested him to do so. We are inclined to think that this reference was made in forgetfulness of the change made in the section. We must therefore, refuse to answer the question and we return the Reference. We make no order as to costs.