Decision in case heard by a Bench

(1) If two Judges, or a Judge and an Additional Judge, sitting together under section 8, 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 section 113 and Order XLVI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), 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.