Under the Code of Civil Procedure (CPC), there are provisions for making a reference to the High Court in certain situations. A reference to the High Court refers to the process of seeking the opinion or decision of the High Court on a specific question of law arising in a case.
Provisions
- Reference by Lower Court (Section 113 CPC): Section 113 of the CPC allows a lower court to refer a question of law to the High Court if it arises in a case and the lower court feels that the question is a substantial one. The lower court may formulate the question and submit it to the High Court for its opinion. This provision enables the lower court to seek guidance on complex or significant legal issues.
- Reference by Appellate Court (Section 113 CPC): An appellate court also has the power to make a reference to the High Court under Section 113 of the CPC. If the appellate court is in doubt about a substantial question of law that needs to be decided in order to dispose of the appeal, it can refer the question to the High Court for its opinion. The High Court’s opinion on the question of law will guide the appellate court in its final decision.
- Revisional Jurisdiction (Section 115 CPC): Section 115 of the CPC provides for the revisional jurisdiction of the High Court. In certain cases, the High Court can exercise its power of revision to call for the records of any case that has been decided by a subordinate court. This allows the High Court to examine the legality, regularity, or propriety of any order passed by the subordinate court and pass appropriate orders.
When a reference is made to the High Court, the High Court will consider the question of law and provide its opinion or decision. The lower court or the appellate court, as the case may be, will then proceed with the case based on the High Court’s opinion. The opinion of the High Court is not binding on the referring court, but it carries significant weight in determining the final outcome of the case.
