1. Reference of question to High Court.—Where, before or on the hearing of a suit or an appeal in which the decree is not subject to appeal, or where, in the execution of any such decree, any question of law or usage having the force of law arises, on which the Court trying the suit or appeal, or executing the decree, entertains reasonable doubt, the Court may, either of its own motion or on the application of any of the parties, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer such statement with its own opinion on the point for the decision of the High Court.
Order XLVI Rule 1 CPC: Reference of question to High Court
Bare Act text
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
In simple words
Where, in a suit or appeal whose decree is not appealable, or in executing such a decree, a question of law or usage having the force of law arises on which the Court entertains reasonable doubt, it may refer it to the High Court. It may do so on its own motion or on a party's application. It draws up a statement of the facts and the point of doubt and refers it, with its own opinion, for the High Court's decision.
Order XLVI: Reference
- 1 Reference of question to High Court
- 2 Court may pass decree contingent upon decision of High Court
- 3 Judgment of High Court to be transmitted, and case disposed of accordingly
- 4 Costs of reference to High Court
- 4A Reference to High Court under proviso to section 113
- 5 Power to alter, etc., decree of Court making reference
- 6 Power to refer to High Court questions as to jurisdiction in small causes
- 7 Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes