Reference

1. Meaning of Reference
   Reference refers to a procedure whereby a subordinate court seeks the opinion of the High Court on a question of law arising in a case.
2. Statutory Provision
   Section 113 of the Code of Civil Procedure, 1908 provides for reference. The procedure relating to reference is governed by Order XLVI of the CPC.
3. Nature of Reference
   Reference is not a right of the parties but a discretionary power of the court. It is exercised when the subordinate court entertains a doubt on a question of law.
4. Object of Reference
   The object of reference is to enable the subordinate court to obtain the opinion of the High Court on a question of law so as to avoid error in decision-making.
5. When Reference may be made
   The subordinate court may refer a case to the High Court in the following situations:
   1. When a question of law arises in a suit, appeal or execution proceeding.
   2. When the court has a reasonable doubt regarding such question of law.
   3. When the decree or order is not subject to appeal.
6. Mode of Reference
   The High Court may consider a reference:
   1. On its own motion (suo motu); or
   2. On an application made by any of the parties.
7. Power of High Court
   The High Court may pass such order as it deems fit on the question referred, and the subordinate court is bound to follow such decision.
8. Effect of Reference
   Generally, the subordinate court may stay the proceedings pending the decision of the High Court on the reference.
9. Execution of Decree
   If the subordinate court proceeds with the case and passes a decree or order during the pendency of reference, such decree cannot be executed until the decision of the High Court is received.
10. Distinction between Reference and Appeal
    Reference is made by the court, whereas an appeal is filed by a party. Reference is limited to questions of law, while an appeal may involve both facts and law.

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