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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XLVI: Reference

Order XLVI Rule 4 CPC: Costs of reference to High Court

Bare Act text

4. Cost of reference to High Court.—The costs (if any) consequent on a reference for the decision of the High Court shall be costs in the case.

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

The costs, if any, consequent on a reference to the High Court for its decision under Order XLVI are costs in the case. They are not treated as a separate head of costs but follow the ordinary rules on costs of the suit or appeal.

Order XLVI: Reference

  1. 1 Reference of question to High Court
  2. 2 Court may pass decree contingent upon decision of High Court
  3. 3 Judgment of High Court to be transmitted, and case disposed of accordingly
  4. 4 Costs of reference to High Court
  5. 4A Reference to High Court under proviso to section 113
  6. 5 Power to alter, etc., decree of Court making reference
  7. 6 Power to refer to High Court questions as to jurisdiction in small causes
  8. 7 Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes
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