Section 113 of The Code of Civil Procedure, 1908
Reference to High Court.
Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit: 1[Provided that where the Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court. Explanation.In this section,"Regulation" means any Regulation of the Bengal, Bombay or Madras Code or Regulation as defined in the General Clauses Act,1897, (10 of 1897) or in the General Clauses Act of a State.]
Summary
- This section allows a lower court to ask the High Court for its legal opinion on a case.
- The lower court prepares a statement of the facts and the legal question to send to the higher court.
- It is mandatory for a court to do this if it believes a law or regulation is invalid but no higher court has declared it so yet.
- The High Court can then make any order it thinks is appropriate after reviewing the case.
- This process helps ensure that complex legal questions are decided correctly by the most senior judges.
Practical examples
FAQ
1. What is a reference under Section 113 of the Code of Civil Procedure, 1908?
It is a procedure where a lower court seeks the opinion of the High Court on a specific legal point in a case as allowed by Section 113 of the Code.
2. When is it mandatory to refer a case under Section 113 of the Civil Procedure law?
Under Section 113, a court must refer a case if it believes an Act or Regulation is invalid or inoperative but the High Court or Supreme Court has not yet made such a declaration.
3. Can a High Court make any order on a reference under Section 113 of the 1908 Act?
Yes, Section 113 of the Act states that the High Court may make such order on the referred case as it thinks fit.
Test yourself
1.Under Section 113 of the Code of Civil Procedure, 1908, which authority receives the referred case to provide an opinion?
2.When must a court state a case for opinion under Section 113 of the 1908 Code?
3.Under Section 113 of the Code of Civil Procedure, 1908, what is the prerequisite for making a reference?
4.What can the High Court do once a case is referred under Section 113 of the 1908 Act?