Reference under Section 113 of CPC
Reference under Section 113 of the Code of Civil Procedure (CPC)
What is Section 113 CPC?
Section 113 CPC deals with the reference of questions of law by a subordinate court to a High Court.
It allows a civil court, which is unable to decide a question of law arising in a suit or proceeding, to refer that question to the High Court for its opinion.
The subordinate court cannot decide the question of law itself but must refer it.
The High Court's opinion is binding on the subordinate court for deciding the suit.
Text of Section 113 CPC (Summary):
When any question of law arises in a suit or proceeding before a court subordinate to the High Court and the court is of the opinion that the question of law is one that ought to be decided by the High Court, the court shall refer the question to the High Court.
The High Court shall then give its opinion on the question of law.
The opinion given by the High Court is binding on the subordinate court, which then proceeds to decide the suit or proceeding accordingly.
Purpose of Section 113:
To ensure uniformity and correctness in the interpretation of law.
To avoid conflicting decisions by subordinate courts on important legal questions.
To provide a mechanism for clarification of difficult legal questions that arise during litigation.
It acts as a check against judicial errors by lower courts on points of law.
Procedure under Section 113:
The subordinate court identifies a question of law that it cannot decide.
The court frames the question clearly and refers it to the High Court.
The High Court considers the question and gives its binding opinion.
The subordinate court follows the High Court's opinion and proceeds with the case.
Important Points:
The referral is made only on questions of law, not questions of fact.
The subordinate court must be unable or unwilling to decide the question.
The High Court’s opinion is final and binding on that question in the suit.
The Section applies primarily in civil cases.
Leading Case Law on Section 113 CPC:
State of Punjab v. Amar Singh (1965) AIR 719, 1965 SCR (3) 570
The Supreme Court held that Section 113 is procedural and meant to ensure correctness and uniformity in law.
It stressed the need for clear framing of the question of law.
The court clarified that a reference should be made only if the court feels it cannot decide the question itself.
Kedar Nath v. Union of India (1966) AIR 91
The court held that reference under Section 113 should be made only when the question of law is uncertain or complicated.
It is not meant for trivial or routine questions.
Allahabad Bank Ltd. v. Hindustan Steel Ltd. (1966) AIR 1171
The High Court’s opinion under Section 113 is binding on the referring court.
The referring court must follow the opinion in deciding the case.
Bhagwan Das v. State of Punjab (1968) AIR 494
The Supreme Court explained that a subordinate court cannot refuse to make a reference if it is unable to decide the question of law.
If the court makes an erroneous decision without reference, it may be set aside on appeal.
Illustrative Example:
Suppose in a civil suit involving the interpretation of a statutory provision or contract law, the trial court finds the legal point complex and unclear and is unsure how to apply the law. Instead of deciding on its own, it refers the specific question of law to the High Court under Section 113 CPC.
The High Court then examines the question, gives its opinion, and that opinion guides the trial court in delivering its judgment.
Significance and Practical Impact:
Section 113 helps maintain consistency in civil law interpretations.
It helps avoid conflicting judgments in different courts on the same legal question.
It serves as a tool for subordinate courts to seek authoritative guidance.
It also reduces unnecessary appeals by resolving the legal question conclusively.
Summary:
| Aspect | Explanation |
|---|---|
| Purpose | Clarify questions of law for subordinate courts |
| Applicability | Civil cases; questions of law only |
| Procedure | Subordinate court refers question to High Court |
| Binding Nature | High Court’s opinion binding on subordinate court |
| Judicial Guidance | Supreme Court emphasizes proper use and framing |
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