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Krishna Doss Paramananda Doss Vs. Frederick William Emery and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in17Ind.Cas.93
AppellantKrishna Doss Paramananda Doss
RespondentFrederick William Emery and anr.
Excerpt:
presidency small cause courts act (xv of 1882), section 69 - reference to high court when permissible--reasonable doubt by the referring court. - order1. this is a reference by the learned chief judge of the presidency court of small causes under section 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.
Judgment:
ORDER

1. This is a Reference by the learned Chief Judge of the Presidency Court of Small Causes under Section 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.


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