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Under Order XLVI of the Code of Civil Procedure, 1908, what may a court do while its reference under…

Order XLVI, rule 2 lets the referring court stay the proceedings or continue and make a decree contingent on the High Court's decision. A decree or order in the case cannot…

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Under Order XLVI of the Code of Civil Procedure, 1908, what may a court do while its reference under rule 1 is pending before the High Court?

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Correct answer B

Order XLVI, rule 2 lets the referring court stay the proceedings or continue and make a decree contingent on the High Court's decision. A decree or order in the case cannot be executed until the referring court receives a copy of that judgment.

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Option A

Rule 2 gives the court a choice between staying and continuing the proceedings.

Option B

Rule 2 permits the court to continue and pass a decree contingent on the High Court's decision on the point referred.

Option C

The reference procedure does not require the court to return the case file for re-presentation.

Option D

Rule 2 bars execution of a decree or order in the case until the referring court receives a copy of the High Court's judgment on the reference.

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