Write short notes on the following: Reference and Review under Civil Procedure Code 1908.

Answer 6(d) REFERENCES Reference under Section 113 and Order XLVI, Civil Procedure Code, 1908 A reference should be made to the High Court by a District Judge or Judge of a Court of Small Causes, under the provisions of Section 113 and Order XLVI, Rule I of the Code of Civil Procedure, only when the presiding Judge entertains a reasonable doubt on the point of law or usage having the force of law referred, and not merely on the importunity of pleaders. A proviso has been added to Section 113 of the Code by the Codes of Civil Procedure and Criminal Procedure (Amendment) Act, 1951 (No. XXIV of 1951). Now where a Court finds that it is necessary for the disposal of a case to decide a question about the validity of any Act, Ordinance or Regulation and the Court is of the opinion that the Act, Ordinance of Regulation is invalid or inoperative but has not been so declared by the High Court of that State or the Supreme Court, the Court shall refer the matter in the manner laid down for the opinion of the High Court. "Reasonable doubt on a point of law" A subordinate Court cannot be supposed to entertain a reasonable doubt on a point of law if it has been decided clearly in a ruling of the High Court, unless some doubt has been thrown on the correctness of the same by a ruling of the Supreme Court. Nor has an Appellate Court, which has no jurisdiction to hear an appeal, any jurisdiction to make a make a reference. Mode of reference In making a reference the presiding Judge should be careful to conform to the requirements of Order XLVI, Rule I, of the Code of Civil Procedure, 1908 by: drawing up a statement of the facts; stating the point on which doubt is entertained; and stating his opinion on such point. Each of the above statement should be precise and clear, or the High Court will find itself compelled to return the reference for amendment under Order XLVI, Rule 5, of the Code of Civil Procedure, 1908. References under Order XLVI, Rule 7 It should also be noted that, by the terms of Order XLVI, Rule 7, a reference may be made only when it appears to the District Court that a Court subordinate to it has by reason of erroneously holding a suit to be cognizable by a Court of Small Causes, or not to be so cognizable, failed to exercise a jurisdiction vested in it by law, or exercised a jurisdiction not so vested; unless this condition is fulfilled that is, unless the Court is itself of opinion that one of these errors has been committed, it has no power to refer; when that condition is fulfilled, the Court still has a discretion to make or refuse to make a reference unless it be required to make it by a party. In the latter case, the Court is bound to make a reference. REVIEW Section 114 of Code of Civil Procedure, 1908 Review means re-examination or re-consideration of its own decision by the very same court. An application for review may be necessitated by way of invoking the doctrine 'actus curiae neminem gravabif which means an act of the court shall prejudice no man. The other maxim is, 'lex non cogit ad impossibillia' which means the law does not compel a man to do that what he cannot possibly perform. Section 114 of the Code of Civil Procedure, 1908 provides for a substantive power of review by a civil court and consequently by the appellate courts. Section 114 of the code although does not prescribe any limitation on the power of the court but such limitations have been provided for in Order 47, Rule 1 of the CPC. The section is worded as follows: Section 114. Review- Subject as aforesaid, any person considering himself aggrieved - by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred, by a decree or order from which no appeal is allowed by, this Code, or by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the court which passed the decree or made the order, and the court may make such order thereon as it thinks fit. An 'aggrieved' person is one who has suffered a legal grievance, i.e., against whom a decision has been pronounced which has wrongfully affected his title or wrongfully deprived him of something which he was entitled to. All decrees or orders cannot be reviewed. The right of review has been conferred by section 114 and Order XLVII of the Code of Civil Procedure, 1908.