Question: What do you mean by reference? Point out the difference between reference and revision or reference to High Court under Part VIII of the Code of Civil Procedure, 1908. Find the answer to the mains question only on Legal Bites. [What do you mean by reference? Point out the difference between reference and revision or reference to… Read More »

Question: What do you mean by reference? Point out the difference between reference and revision or reference to High Court under Part VIII of the Code of Civil Procedure, 1908. Find the answer to the mains question only on Legal Bites. [What do you mean by reference? Point out the difference between reference and revision or reference to High Court under Part VIII of the Code of Civil Procedure, 1908.] Answer Section 113 of the Code empowers a subordinate court to state a case and refer...

Question: What do you mean by reference? Point out the difference between reference and revision or reference to High Court under Part VIII of the Code of Civil Procedure, 1908.

Find the answer to the mains question only on Legal Bites. [What do you mean by reference? Point out the difference between reference and revision or reference to High Court under Part VIII of the Code of Civil Procedure, 1908.]

Answer

Section 113 of the Code empowers a subordinate court to state a case and refer the same for the opinion of the High Court. Such an opinion can be sought when the court itself feels some doubt about a question of law. The High Court may make such order thereon as it thinks fit. Such opinion can be sought by a court when the court trying a suit, appeal, or execution proceedings entertains reasonable doubt about a question of law.

Object

The underlying object for the provision for reference is to enable subordinate courts to obtain in non-appealable cases the opinion of the High Court in the absence of a question of law and thereby avoid the commission of an error that could not be remedied later on. Such provision also ensures that the validity of a legislative provision (Act, Ordinance, or Regulation) should be interpreted and decided by the highest court in the State. The reference must, therefore, be made before passing the judgment in the case.

Conditions

The right of reference, however, is subject to the conditions prescribed by Order 46 Rule 1 and, unless they are fulfilled, the High Court cannot entertain a reference from a subordinate court.

The rule requires the following conditions to be satisfied to enable a subordinate court to make a reference

  1. There must be a pending suit or appeal in which the decree is not subject to an appeal or a pending proceeding in the execution of such decree;
  2. A question of law or usage having the force of law must arise in the course of such suit, appeal or proceeding; and
  3. The court trying the suit or appeal or executing the decree must entertain a reasonable doubt on such a question.

Questions of law on which a subordinate court may entertain may be divided into two classes

  1. Those which relate to the validity of any Act, Ordinance or Regulation; and
  2. Other questions.

In the latter case, the reference is optional, but in the former case it is obligatory if the following conditions are fulfilled

  1. It is necessary to decide such a question in order to dispose of the case;
  2. The subordinate court is of the view that the impugned Act, Ordinance, or Regulation is ultra vires; and
  3. There is no determination either by the Supreme Court or by the High Court to which such court is subordinate that such Act, Ordinance, or Regulation is ultra vires.

Distinction Between Reference And Revision

Reference

Revision

 

Power of High Court

1. In reference, it is sought by the subordinate Court with the view to obtain the opinion of the High Court.

 

Power of High Court

1. In revision, the High Court calls for the records from the subordinate Court if the petition is filed by the aggrieved party or suo motu.

 

Ground

2. In reference, clarifications are sought on the questions arising in respect of validity or reasonableness of any statute, ordinance, regulations, and custom/usage.

 

 

2. Revision relates to jurisdictional error or error of law.


Important Mains Questions Series for Judiciary, APO & University Exams

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Updated On 2022-03-03T12:48:45+05:30
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