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.]
STATE AMENDMENT
Maharashtra
Amendment of section 69 of Act XV of 1882.—In section 69 of the principal Act, in sub-section
(1), the words and figures “Chapter VII of “ shall be deleted.
[Vide Maharashtra act XIX of 1976, s. 5]
70. Security to be furnished on such reference by party against whom contingent judgment
given.—When judgment is given under section 69 contingent upon the opinion of the High Court, the
party against whom such judgment is given shall at once furnish security, to be approved by the
Small Cause Court, for the costs of the reference to the High Court and for the amount of such
judgment:
Provided that no security for the amount of such judgment shall be required in any case in which the
Judge who tried the case has ordered such amount to be paid into Court, and the same has been paid
accordingly.
If no such security given, party to be deemed to have submitted to judgment.—Unless such
security as aforesaid is at once furnished, the party against whom such contingent judgment has been
given shall be deemed to have submitted to the same.