REFERENCES TO HIGH COURTSCentral

Section 69 of The Presidency Small Cause Courts Act, 1882

1[69. Reference when compulsory.--(1) If two or more judges of the Small Cause Court sit together in any suit, or in any proceeding under Chapter VII of this Act, and differ in their opinion as to any question of law or usage having the force of law or the construction of a document, which construction may affect the merits, or if in any suit or in any such proceeding, in which the amount or value of the subject-matter exceeds five hundred rupees, any such question arises upon which the Court entertains reasonable doubt, and either party so requires, the Small Cause Court shall draw up a statement of the facts of the case and the point on which there is a difference of opinion or on which doubt is entertained, and refer such statement with its own opinion on the point for the opinion of the High Court; and the provisions of sections 619 to 621 of the 2Code of Civil Procedure (14 of 1882), shall, so far as they are applicable, be deemed to apply as if such reference had been made under section 617 of the said Code.

(2)When the Small Cause Court refers any question for the opinion of the High Court as provided in sub-section (1), it shall either reserve judgment or give judgment contingent upon such opinion.]

Summary

This section outlines when the Small Cause Court must refer a legal question to the High Court for an authoritative opinion.
A reference is compulsory if two or more judges sitting together on a suit or a property possession case disagree on a question of law, custom, or document construction.
A reference is also mandatory in any suit or possession case worth over five hundred rupees if the court has a reasonable doubt on such a question and a party requests the reference.
To make the reference, the Small Cause Court must write a factual statement, state the point of difference or doubt, offer its own opinion, and submit it to the High Court.
While waiting for the High Court's opinion, the Small Cause Court must either delay its final judgment or deliver a contingent judgment, which is a provisional ruling dependent on that opinion.

Practical examples

1Two judges, Judge Miller and Judge West, are sitting together in Calcutta to hear a case about a complex business partnership contract. They disagree on whether a specific clause in the contract legally constitutes a general power of attorney. Because they cannot agree on the document construction, they draw up the facts and refer the question to the Calcutta High Court, reserving their final judgment until the High Court replies.

2A tenant is suing to get back possession of an apartment worth six hundred rupees. During the trial, a difficult question of local custom arises regarding notice periods. The tenant's lawyer requests a reference because of this tricky point of law, and the judge agrees that there is a reasonable doubt. The judge writes down the facts and the legal question, submits them to the High Court, and issues a provisional judgment that will only become final once the High Court gives its opinion.

FAQ

1. When is a reference to the High Court mandatory under Section 69 of the Presidency Small Cause Courts Act, 1882?

Under Section 69 of the Presidency Small Cause Courts Act, 1882, a reference is compulsory in two situations. First, when two or more judges sit together and differ on a question of law, custom, or document construction. Second, when a case is worth over five hundred rupees, the court has a reasonable doubt on such a question, and a party requests the reference.

2. Can the Small Cause Court issue a final judgment before the High Court responds to a reference under Section 69 of the Small Cause Courts Act?

No, under Section 69 of the Small Cause Courts Act, the court must either reserve its judgment entirely or deliver a contingent judgment, which is a provisional decision that depends on the High Court's eventual opinion.

3. What must the Small Cause Court include in its reference package to the High Court under Section 69 of the Presidency Small Cause Courts Act?

Under Section 69 of the Presidency Small Cause Courts Act, the court must draw up a statement of the facts of the case, clearly define the point of disagreement or doubt, and include its own opinion on that point.

4. What value must the subject-matter exceed for a party to demand a compulsory reference when the court has a reasonable doubt under Section 69 of the Small Cause Courts Act?

Under Section 69 of the Small Cause Courts Act, the value of the subject-matter in the suit or proceeding must exceed five hundred rupees for a party to require a compulsory reference on a doubtful question.

Test yourself

Q1.Under Section 69 of the Presidency Small Cause Courts Act, 1882, what must the court do if two judges sitting together disagree on the construction of a contract that affects the merits of a case?

Q2.If a party wants to force a compulsory reference to the High Court because of a doubtful legal question under Section 69 of the Small Cause Courts Act, what is the minimum value the case must have?

Q3.Under Section 69 of the Presidency Small Cause Courts Act, if a question of law is referred to the High Court, what action can the Small Cause Court take regarding its judgment in the case?

Q4.Under Section 69 of the Small Cause Courts Act, which of the following is NOT a grounds for making a reference to the High Court?

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