CPC: Sections 113 and Order 46 - Reference
Reference is not explicitly defined in the Civil Procedure Code (CPC). In simple terms, it
means referring an issue to a higher authority (in this context, the High Court) for an opinion
on a question of law. This provision allows a subordinate court to seek guidance when there’s
a reasonable doubt regarding a legal question.
Objectives of Reference
The objective of Section 113 and Order 46 of the CPC is to enable subordinate courts to
obtain the High Court’s opinion in advance on a question of law in cases where no appeal is
available. It prevents potential errors in non-appealable cases and ensures that any
constitutional or legislative provisions are interpreted accurately by the highest authority
within the state.
Conditions for Reference (as per Order 46)
1. A question of law must arise in a suit, appeal, or execution where no appeal lies.
2. There must be reasonable doubt on such a question.
3. The subordinate court should draw up a statement of the facts of the case and the legal
question on which doubt is entertained.
4. The court should express its own opinion on the point in question.
Obligatory Conditions for Reference
Reference becomes mandatory when:
1. The question’s resolution is necessary for case disposition.
2. The subordinate court believes the statute, ordinance, or regulation is ultra vires
(beyond legal power or authority).
3. No higher court has previously determined the provision’s validity.
Procedure for Reference
1. The subordinate court may refer the case to the High Court on its own motion or on a
party's application.
2. During the reference, the original suit may be stayed, or a conditional order/decree
may be passed.
3. The High Court decides the point in question and sends its judgment back to the
subordinate court to dispose of the case accordingly.
CPC: Sections 114 and Order 47 - Review
Review means re-examining a judgment to correct errors. Although it is not defined in the
CPC, it gives a court the power to reconsider its own decisions under certain conditions to
avoid miscarriages of justice.
Objectives of Review
The objective is to ensure justice by allowing the court that issued a judgment to correct its
own errors. This review power helps prevent any grave mistakes or visible errors from
remaining in the final judgment.
Grounds for Review (Order 47, Rule 1)
1. Discovery of new and important matter or evidence: The review can be granted if
new evidence emerges that was unknown to the party at the time of the decree.
2. Apparent error on the face of the record: If there is an obvious mistake in the
judgment, a review can be granted.
3. No right to appeal: If no appeal is allowed, a review application can be made.
4. Sufficient reason: If the court sees any other sufficient reason, it can entertain a
review petition.
Application for Review
An aggrieved party directly affected by the decree or order can apply for a review.
The review application should be made to the same court that issued the decree or
order, following specific rules depending on whether it was a High Court judge or a
lower court judge.
Limitation Period
The review application must be filed within 30 days from the date of the decree or order, as
per the Limitation Act.
CPC: Section 115 - Revision
Revision means re-examining a case record by the High Court. It is a supervisory jurisdiction
to prevent subordinate courts from acting arbitrarily or without jurisdiction.
Objectives of Revision
The primary objective is to ensure that subordinate courts do not act irregularly or exceed
their jurisdiction. This power allows the High Court to intervene and correct any significant
procedural or jurisdictional errors in cases where no appeal is available.
Conditions for Revision
1. The case must be decided by a subordinate court.
2. The subordinate court must be under the High Court’s jurisdiction.
3. No appeal should lie from the subordinate court’s decision.
4. The subordinate court must have acted without jurisdiction, failed to exercise
jurisdiction, or exercised it irregularly or illegally.
Differences between Reference, Review, and Revision (Tabular Format)
Reference (Sec 113, Review (Sec 114,
Criteria Revision (Sec 115)
Order 46) Order 47)
Referring a legal Re-examining a Re-examining case records by
Definition question to the High judgment for error High Court for jurisdictional
Court correction errors
Subordinate court Aggrieved party (on High Court (suo motu or on
Initiated by
(suo motu) application) application)
To obtain High To prevent subordinate courts
To correct apparent
Objective Court’s opinion on a from acting arbitrarily or
errors in a judgment
question of law illegally
Subordinate courts
Applicable The same court that
referring to High High Court only
Court issued the decree/order
Court
New evidence,
Doubt on a question apparent error, no right Jurisdictional errors by
Grounds
of law to appeal, sufficient subordinate court
reason
Reference made
30 days from
Limitations only during Available only if no appeal lies
decree/order date
pendency
Corrects
Type of Opinion on legal Corrects specific
procedural/jurisdictional errors
Order question judgment errors
in lower courts
Court stays
proceedings pending Application filed with High Court examines and can
Procedure
High Court’s the same court remand
opinion
Additional Comparisons with Appeals
Comparison
Appeal Reference Review Revision
Points
Aggrieved party
Subordinate High Court or
Filed by Aggrieved party (directly affected
court (suo motu) aggrieved party
by decree/order)
Initiated by Filed by the
Appeal vs No suo motu,
subordinate aggrieved party; Can be suo motu
Suo Motu initiated by party
court not suo motu
Supervise
Clarify legal Correct visible subordinate courts
Re-hearing of the
Purpose questions before errors to prevent and correct
case
final judgment injustice jurisdictional
mistakes
Outcome Superior court Opinion Correction in the High Court may
may set provided to original judgment quash/correct
Comparison
Appeal Reference Review Revision
Points
aside/amend lower subordinate subordinate court’s
court’s decree court error
Procedural; allows Procedural; for
Procedural
court to prevent supervising
Legal Status Substantive right power vested in
miscarriage of jurisdictional matters
the court
justice in lower courts
Each of these remedies provides distinct methods for addressing errors or doubts in legal
proceedings, ensuring justice through judicial oversight and correction when required.
