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Section 9: Deciswn in case heard by a Bench

The Kerala Small Cause Courts Act, 1957 (President's Act No.8 of 1957)State Act of Kerala · Act 8 of 1957

(1) ;{ two Judges, or a Judge and an Addtbonal Judge, stttmgl together under !>ectwn 8, differ as to a question of law or usage having the force of law, or m construmg a document, the condructwn of which may affect the ments, they shall draw up and refer, for the dec1s10n of the Htgh Court, a statement of the facts of the case and of the point on whtch they dtffer m opmion, and the provisions of sectwn 113 and Order XL VI of the First Schedule to the Code of ClVll Procedure, 1908 (5 of 1908), shall) apply to the reference.

(2) If they dtffer on any matter other than a matter "pecified m sub-section (1), the optmon of the Judge who is senior m respect of date of appomtment as Judge of a Court of Small Causes, or, if one of them 1s an additwnal Judge, then the opmwn of the Judge .:.1ttmg wtth htm, shall prevail.

(3) For the purposes of !>Ub~.:>ection (2), a Judge perma­ nently appolnted shall be deemed to be senior to an officiatmg Judge.

Where this provision sits

ActThe Kerala Small Cause Courts Act, 1957 (President's Act No.8 of 1957)
Section9
Marginal noteDeciswn in case heard by a Bench
JurisdictionState of Kerala
StatusIn force as published by the source

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