"A subordinate Court cannot be supposed to entertain a reasonable doubt on a point of Law." Explain and state various provisions of reference under the Civil Procedure Code, 1908.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2022
"A subordinate Court cannot be supposed to entertain a reasonable doubt on a point of Law." Explain and state various provisions of reference under the Civil Procedure Code, 1908.

Answer & Explanation:

Reference Provision are given in Section 113 and Order XLVI, The Civil Procedure Code, 1908, as under:- (a) A reference is 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, 1908, 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. (b) 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. Order XLVI Rule 7 of Civil Procedure Code, 1908 states that:- (i) drawing up a statement of the facts; (ii) stating the point on which doubt is entertained; and (iii) stating his opinion on such point. Under 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.

Topics: Civil Procedure Code, 1908

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