314 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
debarred from proceeding further with the other issues. Therefore I am not prepared to accept his first amendment whereby he wants :
That in part (i) of clause 2, in the proposed Proviso to section 113 of the Code of Civil Procedure, 1908, the words “and shall stay the further proceedings in the case” be added at the end.
The rest of them are purely consequential.
Shri K. Vaidya: They are not, I submit, consequential because Rule 2 of Order XLVI as well as Rule 5 of Order XLVI relate only to cases where judgments are given and in a case where an issue has been referred to the High Court there will be no judgment. Under Rule 4 of Order XX the issue should be decided and only then can there be a judgment, and Rule 2 of Order XLVI refers only to cases in which judgment is given. Rule 5 also refers to cases where judgment is given. Therefore these two rules are inconsistent or inapplicable to this Bill.
Dr. Ambedkar: I would point out that it is left to the discretion of the subordinate judge. He may make an order staying proceedings or he may not. My hon. friend wants that the discretion of the subordinate judge should be taken away and in all cases he should make an order staying the proceedings. Therefore I am not going to accept his amendment.
Mr. Speaker: Is the hon. Member keen on moving his amendment ?
Shri K. Vaidya: No, Sir.
Mr. Speaker: Then I shall put clause 2 to vote. The question is :
“ That clause 2 stand part of the bill.”
The motion was adopted.
Clause 2 was added to the Bill.
Clause 3. — Substitution of new section : Amendment made:
In clause 3 for the words “said Code” substitute the words and figures “Code of Criminal Procedure, 1898” .
— [Dr. Ambedkar]