Section 12 in The Maharashtra Revenue Jurisdiction Act, 1876
12. Power of [State] [This word was substituted for the words 'Provincial' by the Adaptation of Order, 1950.] Government to refer questions for decision of High Court.
- If, in the total or investigation of any suit, claim or objection which, but for the passing of this Act, might have been tried or investigated by Civil Court, there arises any question on which [* * * *] [The words 'the Governor General in Council or' were omitted by the Adaptation of Indian Laws Order in Council.] the [ [State] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation of Indian Laws Order in Council.] Government] desires to have the decision of the High Court [* * * *] [The words 'the Governor General in Council or' were omitted by the Adaptation of Indian Laws Order in Council.] the [ [State] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation of Indian Laws Order in Council.] Government] [* * *] [This words 'as the case may be' were omitted by the Adaptation of Indian Laws Order in Council.] may cause a statement of the question to be prepared, and may refer such question of the decision of the High Court [* * *] [The words 'of Judicature at Bombay' were omitted by the Adaptation of Indian Laws (No. 2) Order, 1956.].The said High Court shall fix an early day for the hearing of the question referred, and cause notice of such day to be placed in the court-house.The parties to the case may appear and be heard in the High Court in person or by their advocates or pleaders.The High Court when it has heard and considered the case, shall send a copy of its decision, with the reasons therefor, under the seal of the Court to the Government by which the reference was made, and, subject to any appeal which may be presented to [the Supreme Court] [These words were substituted for the words 'Her Majesty In Council' by the Adaptation of Laws Order, 1950.], the case shall be disposed of conformably to such decision.If the High Court considers that any such statement in imperfectly framed, the High Court may return it for amendment.The costs (if any) consequent on any such reference shall be dealt with as the High Court in each case directs.
