In force · As amended up to 2026-08
11. Procedure in case of difference of opinion.— Save as hereinafter otherwise provided, when two or more of the Judges sitting together differ on any question, the opinion of the majority shall prevail; and if the Court is equally divided, the Chief Judge, if he is one of the Judges so differing, or, in his absence, the Judge first in rank and precedence of the Judges so differing, shall have the casting voice.
STATE AMENDMENT
Maharashtra
Amendment of section 11 of Act XV of 1882.— In section 11 of the Presidency Small Causes Courts Act, 1882 (hereinafter referred to as "the principal Act"), for the portion beginning with the words "and if the Court is equally divided" and ending with the words "casting voice" the following shall be substituted, namely:--
"and if the Court is equally divided, the Judged shall state the point upon which they differ, and the case shall then to heard upon that point by another Judge nominated by the Chief Judge and the point shall be decided, according to the opinion of the majority of the Judges, who have heard the case, including those who first heard it."
[ Vide Maharashtra Act XXXV of 1961, s. 2]
Source: India Code