The Code Of Civil Procedure 1908
Order 46
Rule 7 :
Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes :
(1) Where it appears to a District Court that a Court subordinate thereto has, by reason of erroneously holding a suit to be cognizable by a Court of small Causes or not to be so cognizable, failed to exercise a jurisdiction vested in it by law, or exercised a jurisdiction not so vested, the District Court may, and if required by a party shall, submit the record to the High Court with a statement of its reasons for considering the opinion of the subordinate Court with respect to the nature of the suit to be erroneous.
(2) On receiving the record and statement the High Court may make such order in the case as it thinks fit.
(3) With respect to any proceeding subsequent to decree in any case submitted to the High Court under this rule, the High Court may make such order as in the circumstance appears to it to be just and proper.
(4) A Court subordinate to a District Court shall comply with any requisition which the District Court may make for any record or information for the purposes of this rule.
State Amendment :
High Court Amendment-[Kerala] :
Rule 7 shall be deleted.-(9-6-1959).
Order 46, Rule 8
High Court Amendments-[Allahabad] :
Add after rule 7 of Order XLVI:
"8. Rule 38 of Order XLI shall apply, so far as may be, to proceedings under this Order."-(1-6-1918).
[Bombay] :
In Order XLVI, after the existing rule 7, add the following rule with marginal note as new rule 8 and its marginal note:
"8. Applicability of rule 38 of Order XLI.-Rule 38 of Order XLI shall apply, so far as may be, to proceedings under this Order."-(1-10-1983).
[Gujarat] :
Same as that of Allahabad.-(17-8-1961).
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