DALPAT ZOPDOO PAUL Vs. MAHADU UKA

JUDGEMENT

(1.) We cannot entertain this reference because we do not think that the Collector has any power to make it under the provisions of the Civil Procedure Code read together with Section 23 of the Mamlatdars Courts Act.

(2.) Section 113 of the Code says that any Court (within which term the Collector acting under the Mamlatdars Courts Act, Section 23, is included) may state a case and refer the same subject to the conditions and limitations prescribed.

(3.) Order XLVI, Rule 1, shows that the conditions prescribed are that a reference shall be before or on the hearing of the suit or appeal in which the decree is not subject to appeal, or where, in the execution of any such decree, any question of law or usage having the force of law arises, on which the Court trying the suit or appeal, or executing the decree, entertains reasonable doubt.