JUDGMENT Sir Franics W. Maclean, K.C.I.R., C.J. - It is not a very easy matter to make Section 69 of the Presidency Small Cause Courts Act dovetail into Section 617 of the Code of Civil Procedure. As regards Section 69 in the class of suits mentioned in that section and in the event of a question of law arising and if either party so requires, the Small Cause Court shall draw up a statement of the facts of the case and refer such statement, u/s 617 of the Code, for the opinion of the High Court. Pausing there for a moment, there is nothing in that section which necessitates that the Small Cause Court Judge in drawing up the statement should state what the point of law is which has arisen, whether he has any reasonable doubt upon that point of law, or that he should express his opinion upon it. But the section says : "and refer such statement u/s 617 of the Code of Civil Procedure," from which I am led to infer that this is the section which enables this Court to express its opinion upon the matter referred when it has been referred. It has not been suggested that we derive our authority from any other source. But looking at Section 617, it seems to me that the Court can only express its opinion upon the matter referred, when three conditions have been complied with--first, that the Court referring the matter entertains a reasonable doubt upon some question of law, second, states what the point is upon which the doubt is entertained and third, draws up a statement of the facts containing an expression of opinion on the point which is referred to the decision of this Court. This is how I read the two sections in conjunction. 2. In the case before us, the Judge in the referring Court has not stated any point of law upon which he entertains a reasonable doubt, or what the point of law is, or what his opinion is upon it and u/s 617 I think he must do this before we can deal with the matter. It may be, we do not know, that he has a reasonable doubt upon some point of law. We have, I think, power u/s 621 to return the case to the Lower Court for amendment and this course we will adopt. 3. It may be, we do not know, that he has a reasonable doubt upon some point of law. We have, I think, power u/s 621 to return the case to the Lower Court for amendment and this course we will adopt. 3. We refer it back to the Judge in the Court below to say whether there is any point of law upon which he entertains reasonable doubt and what it is and what is his own opinion upon it. Stevens J. 4. I concur. Sale J. 5. I agree with the view which has been taken by the learned Chief Justice, of Section 69 of the Presidency Small Cause Courts Act and Section 617 of the Code of Civil Procedure. I can only read Section 69 of the Presidency Small Cause Courts Act as meaning and contemplating that the opinion to be expressed by this Court is an opinion governed by Section 617 of the Code of Civil Procedure. That being so, it seems to me that before this Court can express an opinion upon a case referred u/s 69 of the Presidency Small Cause Courts Act, the conditions contained in Section 617 must be complied with.