Rule 1.
Reference of question to High Court
Where, before or on the hearing of a suit or an appeal in which the decree is not subject to appeal, or where, in the execution of any such decree, any question of law or usage having the force of law arises, on which the Court trying the suit or appeal, or executing the decree, entertains reasonable doubt, the Court may, either of its own motion or on the application of any of the parties, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer such statement for the decision of the High Court.
Rule 2.
Court may pass decree contingent upon decision of High Court
The Court may either stay the proceedings or proceed in the case notwithstanding such reference, and may pass a decree or make an order contingent upon the decision of the High Court on the point referred; but no decree or order shall be executed in any manner contrary to the decision of the High Court.
Legal Commentary & Landmark Judgments: Order 46
Order XLVI regulates reference to the High Court by subordinate civil courts on questions of law or usage having the force of law arising in non-appealable suits.
In small cause or non-appealable rent proceedings where a conflicting High Court ruling creates genuine doubt on a pure question of law, request the trial judge to state a reference to the High Court under Order 46 Rule 1.