Code
CPC 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.]
Code
113. 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:
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, or in the General Clauses Act of a State.
Explanation of Section 113 CPC
Section 113 of the Code of Civil Procedure, 1908 empowers subordinate courts to refer important legal questions to the High Court for its opinion. This provision helps lower courts obtain guidance on complex legal issues and ensures consistency in judicial decisions.
A reference under Section 113 CPC is not an appeal or a revision. Instead, it is a procedure through which a subordinate court seeks the opinion of the High Court on specific legal questions arising in a pending case.
Power to Refer a Case
A court may refer a case to the High Court when the prescribed conditions are satisfied. The High Court then examines the question referred to it and passes appropriate orders.
The subordinate court acts according to the opinion given by the High Court.
Reference Regarding Validity of Laws
The proviso to Section 113 CPC creates a mandatory duty in certain situations.
If a subordinate court believes that:
- A pending case involves the validity of an Act, Ordinance, Regulation, or any provision thereof.
- The determination of that issue is necessary for deciding the case.
- The court considers the law invalid or inoperative.
- The High Court or Supreme Court has not already declared it invalid.
Then the court must refer the question to the High Court.
The subordinate court cannot declare such a law invalid on its own.
Purpose of Section 113 CPC
The section serves several important objectives.
First, it promotes uniform interpretation of laws. Second, it prevents subordinate courts from independently declaring statutes invalid. Third, it allows the High Court to resolve important legal questions before the lower court decides the case.
As a result, Section 113 CPC maintains judicial consistency and protects the constitutional framework.
Importance of Section 113 CPC
Section 113 CPC strengthens judicial hierarchy and ensures that important legal issues receive authoritative interpretation from the High Court.
The provision also reduces conflicting decisions among subordinate courts and promotes certainty in the administration of justice.
Illustration
Illustration 1
A civil court hears a dispute involving a State law. The court believes that a particular provision of the law is unconstitutional.
Since the High Court or Supreme Court has not declared the provision invalid, the court must refer the matter to the High Court.
Illustration 2
A subordinate court encounters a complicated legal issue regarding the interpretation of a regulation.
The court may refer the question to the High Court and seek its opinion before deciding the case.
Illustration 3
A trial court believes that a statutory provision conflicts with constitutional principles.
Instead of declaring the provision invalid, the court states the case and refers it to the High Court under Section 113 CPC.
Common Questions and Answers
1. What is the purpose of Section 113 CPC?
Answer:
Section 113 CPC allows subordinate courts to refer important legal questions to the High Court for its opinion.
2. Can a subordinate court declare an Act invalid?
Answer:
No. If the court believes that a law is invalid and the issue is necessary for deciding the case, it must refer the matter to the High Court.
3. Is a reference under Section 113 CPC the same as an appeal?
Answer:
No. A reference is different from an appeal. It is a request for the High Court’s opinion on a legal question.
4. When is a reference mandatory?
Answer:
A reference becomes mandatory when the validity of an Act, Ordinance, Regulation, or provision is involved and the subordinate court considers it invalid or inoperative.
Conclusion
Section 113 CPC provides an important mechanism for obtaining the opinion of the High Court on significant legal questions. It ensures uniform interpretation of laws and prevents subordinate courts from independently declaring statutes invalid. By preserving judicial consistency and maintaining constitutional discipline, Section 113 CPC plays a vital role in the civil justice system.
