Code of Civil Procedure, 1908 | Order 46 - Reference

Order XLVI Rule 6 CPC: Reference to High Court on Small Causes Court Jurisdiction

Order XLVI Rule 6 of the Code of Civil Procedure, 1908 (CPC) allows a court, before delivering judgment, to seek the High Court's direction when it doubts whether a suit is triable by a Court of Small Causes.

Text of Order XLVI Rule 6 CPC

Power to refer to High Court questions as to jurisdiction in small causes

(1) Where at any time before judgment a Court in which a suit has been instituted doubts whether the suit is cognizable by a Court of Small Causes or is not so cognizable, it may submit the record to the High Court with a statement of its reasons for the doubt as to the nature of the suit.

(2) On receiving the record and statement, the High Court may order the Court either to proceed with the suit or to return the plaint for presentation to such other Court as it may in its order declare to be competent to take cognizance of the suit.

Meaning and purpose of Rule 6

The provision addresses uncertainty over Small Causes Court jurisdiction. The expression cognizable in this context means capable of being heard and decided by a court exercising Small Causes jurisdiction. A plaint is the formal pleading by which a civil suit is instituted.

Rather than decide a doubtful jurisdictional issue without guidance, the court may transmit the suit record and a reasoned statement to the High Court. The reference is discretionary: the rule uses the word may.

When can a court make a reference?

A civil suit must already have been instituted in the referring court.
The court must have a genuine doubt whether the suit falls within the jurisdiction of a Court of Small Causes.
The reference must be made before judgment.
The court must forward the record together with reasons explaining its doubt about the nature of the suit.

Whether a suit is triable as a small cause depends on the applicable legislation, exclusions, pecuniary limits and any relevant State amendments or local court rules.

What can the High Court order?

Under sub-rule (2), after receiving the record and the court's statement, the High Court may direct either of the following:

Proceed with the suit: the referring court continues the proceedings.
Return the plaint: the referring court returns the plaint so that it can be presented to another court identified by the High Court as competent to entertain the suit.

Returning the plaint is different from dismissing the claim on its merits. The claimant must take the necessary steps for presentation before the competent court, subject to applicable procedural and limitation law.

Section 113 - Reference to High Court: Subject to prescribed conditions and limitations, a court may state a case and refer it for the High Court's opinion. Its proviso also provides for a reference in specified cases involving a question concerning the validity of legislation. Order XLVI contains procedural rules concerning references.

Order XLVI Rule 1: concerns reference of a doubtful question of law or usage having the force of law in the circumstances stated in that rule. Rule 6 specifically addresses doubt about Small Causes Court jurisdiction.

Order XLVI Rule 7: deals with submission by a District Court to the High Court where a subordinate court has proceeded under a mistaken view of Small Causes jurisdiction. It is distinct from the pre-judgment reference under Rule 6.

Order VII Rule 10: generally concerns return of a plaint for presentation to the proper court. Rule 6 expressly empowers the High Court to direct return of the plaint in the circumstances described above.

Illustration

Suppose a civil court receives a suit and is uncertain whether, given the relief claimed and the applicable local law, it must be tried as a small cause. Before judgment, the court may send the record and its reasons to the High Court. The High Court may direct that court to continue or order the plaint returned for presentation before the court it identifies as competent.

Frequently asked questions

Can a party directly demand a reference under Rule 6?

A party may draw the jurisdictional issue to the court's attention, but Rule 6 vests the power to make the reference in the court. It does not create an automatic entitlement to a reference.

Can the reference be made after judgment?

No. Sub-rule (1) expressly contemplates a reference at any time before judgment. Other remedies may be relevant after judgment depending on the circumstances.

Does Rule 6 decide the merits of the dispute?

No. Its function is to resolve uncertainty about the proper forum for the suit, not to determine whether the plaintiff's substantive claim succeeds.

Official statutory source

Read the Code of Civil Procedure, 1908 (India Code, official PDF), including Section 113 and Order XLVI in the First Schedule. Check applicable State amendments and current local rules before relying on the central text in a particular proceeding.

Legal information: This article explains the central CPC provision for general reference. Jurisdictional questions can depend on local amendments and the facts of the case.