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?
Answer and explanation
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.
Option feedback
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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