Repealed or not in force · As amended up to 2026-08
32. The Judicial Commissioner shall, after considering the point sosreferred, send a ruling thereon to the Court by which the reference was made ; and such Court shall, on the receipt of such ruling, proceed to dispose of the case in conformity therewith.
Procedure on such reference.
The costs, if any, consequent on any such reference to the Judicial Commissioner, shall be costs in the appeal out of which the reference arose. - -
Costs of refereace.
33. If in any suit the decision of the D e p k Cornmissioner or of the Cbmmissioner, passed in appeal, reverse or modify the decision of thecourt of o2ginal jurisdiction, the Judicial Commissioner may receive a second appeal, if, on a perusal of the grounds of appeal and of copies of the judgknents of the subordinate Courts, a further consideration of the case appears to him to be requisite for the ends of justice.
men Judicia1 Commissioner may receive se;
cond appeal. jurisdiction, the Judicial Commissioner may receive a
When decision of first Appellate be final. Reference to Judicial Com- Reference to missioner whendecision i of Lower Court Court confirmedon cer- `t"'n` points.
`34.` If the Court of first appeal confirms the decision of the Court of original jurisdiction on a matter be of fact, such decision shall be h a l ;
Judicial Com- Reference to 35. If the Court of first appeal confirms the demissioner cision of the Court of original jurisdiction on a queswhendecision tion of law or custom having the force of law, or the of Lower Court conconstruction of any document, or the admissibility of firmedon cer- any evidence affecting the merits of the case, the party `t"'n` points. aggrieved by such decision may apply to such Court to draw up a statement of the point as to which he considers such Court to have made qn incorrect ruling, and to submit it to the Judicial Commissioner.
Such application shall not be admitted, unless it is made within the period and after payment of the fee prescribed by law for petitions of appeal.
i i I
If the Court consider-that there is a question of law or custom having the force of law, or as to the construction of a document or admissibility of evidence affecting the merits of the case, it shall make a statement of the same and of such facts only of the case as are necessary to explain it, and shall submit such statement, together with the record of the case, to the Judicial Commissioner.
- I !
I
- I
- I
If the Court refuses to make such statement, it shall record in writing its reasons for so refusing. 36. The
- !
,
t
1872.1
Bu?*ma Courts.
36. The Judicial Commissioner shall, with as Procedure of little delay as possible, proceed to'try the case referred, ~'-$i~sioner as if it were an appeal instituted in his Court, except thereupon. that it shall not be necessary for the parties to be present : the Judicial Commissioner shall send a copy of his judgment to the Court by which the case wag submitted, and the said Court shall dispose of the case in conformity with such judgment.
Source: India Code