Lakshmana Rao, J.

1. This is a Reference by the Chief Presidency Magistrate, Madras, and the questions referred are: (1) Whether the complaint preferred in, pursuance of an order passed by the Officiating Chief Justice on an office note is an. order passed by the Court within the meaning of Section 476, Criminal P.C. (2) Whether the Officiating Chief Justice could pass an order under Section 176, Criminal P.C., in a case where no orders were passed under Section 476, Criminal P.C., either by the trial Judge or his successor or the appellate Bench that decided the Original Side appeal against the judgment and decree in C.S. No. 542 of 1931. (3) Whether the Officiating Chief Justice could be deemed to be the successor to the trial Judge who decided C.S. No. 542 of 1931 in the exercise of the original civil jurisdiction.

2. The facts are set out in the order of reference, and briefly stated, they are that during the trial of C.S. No. 542 of 1931 on the file of the High Court, two documents dated 10th March 1928 and 10th May 1928, purporting to be certified copies of orders dated 2nd March 1928 and 26th April 1928 alleged to have been passed in O.P. No. 38 of 1928, were filed on