(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.
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