Section 11 in Provincial Small Causes Courts Act,1887
11. Decision in case heard by a bench.
(1)If two Judges, or a Judge and an Additional Judge, sitting together under the last foregoing section, differ as to a question of law or usage having the force of law, or in construing a document the construction of which may affect the merits, they shall draw up and refer, for the decision of the High Court, a statement of the facts of the case and of the point on which they differ in opinion, and the provisions of 1 Chapter XLVI of the Code of Civil Procedure (14 of 1882) shall apply to the reference.(2)If they differ on any matter other than a matter specified in sub-section (1), the opinion of the Judge who is senior in respect of date of appointment as Judge of a Court of Small Causes, or, if one of them is an Additional Judge, then the opinion of the Judge sitting with him, shall prevail.(3)For the purposes of sub-section (2), a Judge permanently appointed shall be deemed to be senior to an officiating Judge.
