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Reference (Section 113 & Order XLVI CPC)

Jurisdictional & Appellate Practice Terms

Definition

A procedure where a subordinate civil court, entertaining reasonable doubt regarding a question of law or the constitutional validity of an Act, ordinance, or regulation, draws up the point and refers it to the High Court for an authoritative opinion.

Example

A small causes court judge doubting the validity of a new municipal tenancy notification draws up a statement of facts and submits a reference under Section 113 CPC to the High Court before passing a final decree.