Reference under CPC

12 Jul 2025 --
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Reference under CPC

1. What is a Reference?

A Reference is a procedure under the CPC whereby a court, which is subordinate to a High Court, refers a question of law or usage of law to the High Court for its opinion before proceeding further in a case.

In simpler terms, if a subordinate court is unsure about the correct legal position on a question arising in a case, it can ask the High Court to give an authoritative opinion on that question.

2. Legal Provision

The right and procedure for making a reference to the High Court are governed by Section 113 of the Code of Civil Procedure, 1908.

3. Purpose of Reference

To obtain the opinion of the High Court on important questions of law or usage in matters arising during the course of a suit.

To ensure uniformity and correctness of law.

To assist subordinate courts in deciding complex or doubtful legal questions.

4. When Can a Reference be Made?

When a question of law or usage arises in the course of a suit or proceeding pending before a subordinate court.

The court is of the opinion that the question needs to be decided by the High Court.

The question must be substantial and determinative of the suit or proceeding.

The court believes that the High Court’s decision will help in deciding the case correctly.

5. Who Can Make a Reference?

A court subordinate to the High Court (typically a District Court or lower court).

The reference is made during the trial or proceedings before the court.

6. Procedure for Reference

The subordinate court frames the question or questions of law.

The court stays the proceedings on the matter on which reference is made until the High Court decides the question.

The question is sent to the High Court along with the relevant records.

The High Court hears the matter, decides the question of law, and sends back its opinion.

The subordinate court then proceeds to decide the suit according to the High Court’s opinion.

7. Effect of Reference

The opinion given by the High Court is binding on the subordinate court.

The subordinate court must decide the case in accordance with the High Court’s opinion on the question referred.

The reference helps in avoiding erroneous decisions by lower courts on important legal issues.

8. Difference Between Reference and Appeal

Aspect	Reference	Appeal
Nature	A request for the High Court’s opinion on a question of law.	A request for reviewing the entire decision of a lower court.
Purpose	To clarify or settle a point of law before deciding the suit.	To challenge correctness of the judgment or decree.
Effect on proceeding	Proceedings are stayed till High Court gives opinion.	Appeal is filed after final decision; no stay unless granted.
Binding effect	Opinion is binding on the referring court.	Appeal court may confirm, reverse, or modify the decision.

9. Important Case Laws on Reference

a) M.C. Chockalingam v. P. Sivanandam (1953) SCR 328

Held: The Supreme Court emphasized that the reference under Section 113 CPC is meant to secure uniformity of law and correct application of law by subordinate courts.

The Court observed that the High Court’s opinion is binding on the subordinate court and it should not ignore it.

b) D.K. Basu v. Union of India (1997) 1 SCC 416

Though not directly related to Section 113, this case highlights the importance of the High Court’s supervisory role over subordinate courts, which includes giving opinions on questions of law to ensure justice.

c) Kamini Kanta Ghosh v. Suresh Chandra Ghosh (AIR 1954 SC 227)

The Court held that the reference should be confined to pure questions of law or usage of law and not on questions of fact or mixed questions.

The High Court must confine itself to the question referred and not go beyond it.

10. Scope and Limitations

Reference can only be made on questions of law or usage of law; it cannot be made on questions of fact.

The question must be substantial and decisive.

Reference is not a matter of right; the court has discretion whether to refer or not.

The opinion of the High Court is advisory but binding on the subordinate court.

11. Illustration

Suppose a civil suit is pending in a district court. During the suit, a question arises regarding the interpretation of a statutory provision. The district judge feels the need for authoritative guidance and refers this legal question to the High Court under Section 113 CPC. The High Court hears the question, provides its opinion, and sends it back. The district court then proceeds with the suit based on that opinion.