Section 11 in The Provincial Small Cause 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 Chapter [XLVI] [Now see the Code of Civil Procedure, 1908 (5 of 1908), Sections 113 and 115 and the First Schedule, Order 46.] of the Code of Civil Procedure 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.
