(1) Where it appears to a District Court that a Court subordinate thereto has,
by reason of erroneously holding a suit to be cognizable by a Court of Small
Causes or not to be so
cognizable, failed to exercise a jurisdiction vested in it by law, or exercised a jurisdiction not so vested, the District Court may, and if required by a party shall, submit the record to the High Court with a statement of its reasons for considering the opinion of the Subordinate Court with respect to the nature of the suit to be erroneous.
(2) On receiving the record and statement the High Court may make such order in the case as it thinks fit.
(3) With respect to any proceedings subsequent to decree in any case submitted to the High Court under this rule, the High Court may make such order as in the circumstance appears to it to be just and proper.
(4) A Court subordinate to a District Court shall comply with any requisition which the District Court may make for any record or information for the purposes of this rule.
Order XLVI Rule 1 CPC Reference of question to High Court
Order XLVI Rule 2 CPC Court may pass decree contingent upon decision of High Court
Order XLI Rule 3 CPC Judgment of High Court to be transmitted and case disposed of accordingly
Order XLI Rule 4 CPC Cost of reference to High Court
Order XLI Rule 4A CPC Reference to High Court under proviso to section 113
Order XLI Rule 5 CPC Power to alter, etc., decree of Court making reference
Order XLI Rule 6 CPC Power to refer to High Court questions as to jurisdiction in small causes
Order XLI Rule 7 CPC Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes