CPC_Reference

Reference

1. Section One Hundred and Thirteen [113] of the Civil Procedure Code dealt with reference. 
2. It empowers a subordinate court refers the case for the opinion of the High Court. 
3. The Subordinate Court refers the matters containing the questions of law to the High Court for the opinion on that issue.  
4. The High Court may pass any Order in respect of the said question of law, as it deems fit. This process is termed as a Reference. 
5. The aforesaid power can be exercised by the High Court - 
• On its own motion (Suo motu), or
• On an the application filed by any of the parties 
6. It may be noted that, a right of reference and right of appeal is completely different. 
7. The object of reference is to enable the subordinate Court to obtain the opinion of the High Court on question of law to avoid the further commission of error.
8. The Subordinate Court must have to satisfied the following three conditions in order to make a reference-
• There must be a pending Suit or appeal in which the degree is not subject to an appeal or a pending proceeding in the execution of such decree: 
• The question of law shall arise during the course of such suit or appeal or proceeding; and 
• The court which dealing with the suit or appeal must have a reasonable doubt on such question. 
9. Normally, in such type situation, the subordinate Court may stay proceeding before it. 
10. However, during the pendency of Reference, if the subordinate Court proceeds with the matter and passes a decree or order, in such circumstances no such decree or order can be executed until the receipt of a copy of the Judgement of the High Court.