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SECTION 113, 114 CODE OF CIVIL PROCEDURE 1908

What is Reference to High Court? What is Review? Section 113 and 114 of Code of Civil Procedure 1908

Reference to High Court and Review are defined under Section 113 and 114 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 113 of Code of Civil Procedure 1908 "Reference to High Court"

Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit :

Provided that where the Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court.

Explanation.-In this section "Regulation" means any Regulation of the Bengal, Bombay or Madras Code or Regulation as defined in the General Clauses Act, 1897, (10 of 1897) or in the General Clauses Act of a State.

STATE AMENDMENTS
Andhra Pradesh- In the Explanation to section 113 after the words "any Regulation of the Bengal, Bombay or Madras Code" insert the words "or any Regulation of the Madras Code in force, in the State of Andhra as it existed immediately before the 1st Nov. 1956".

[Andhra Adoption of Laws (Amendment) orders of 1954 and 1957].
Tamilnadu- In the Explanation to section 113 after the words "any Regulation of the Bengal, Bombay or Madras Code" insert the words "or any Regulation of the Madras Code in force in the territories specified in Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959"

[Madras Added Territories Adaptation of Laws Order, 1961].
Union Territory of Pondicherry- Some as in Tamil Nadu (Act No. 49 of 1962)

Section 114 of Code of Civil Procedure 1908 "Review"

Subject as aforesaid, any person considering himself aggrieved-

(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,

(b) by a decree or order from which no appeal is allowed by this Court, or

(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.

Code of Civil Procedure 1908

What is the meaning Second appeal on no other grounds? What is the meaning No second appeal in certain suits? Section 101 and 102 of Code of Civil Procedure 1908

What is the Power of High Court to determine issues of fact? What are the Orders from which appeal lies? Section 103 and 104 of Code of Civil Procedure 1908

What are Other orders? What Courts to hear appeals? What are the Powers of Appellate Court? Section 105, 106 and 107 of Code of Civil Procedure 1908

What is the Procedure in appeals from appellate decrees and orders? When appeals lie to the Supreme Court? What is Savings? Section 108, 109 and 112 of Code of Civil Procedure 1908

What is Reference to High Court? What is Review? Section 113 and 114 of Code of Civil Procedure 1908

What is Revision? What is District Court's powers of revision? Section 115 and 115A of Code of Civil Procedure 1908

What is the meaning Part to apply only to certain High Courts? What is Application of Code to High Court? What is Execution of decree before ascertainment of costs? Section 116, 117 and 118 of Code of Civil Procedure 1908

What is the meaning Unauthorized persons not to address Court? What are the Provisions not applicable to High Court in original civil jurisdiction? Section 119 and 120 of Code of Civil Procedure 1908


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