As the judiciary is the major pillar of our democracy. So We just need to be aware of the three tiers of the Indian Judiciary the lower courts, high courts, and the Honorable Supreme court of India. And all the three applications of Reference, Review, and Revision can be filled in any three Courts depending on the orders being challenged. Therefore it is been necessary to profoundly analyze those three words and how they are differentiated from each other. The concept of these terms, reference, review, and reference is in the Code of Civil procedure, CPC 1908 under sections 113, 114, and 115 respectively.
Every person commits a mistake; we have heard the phrase that “to err is human” means that it is natural for a human being to commits mistake; Judges are also humans so the provisions of Reference, review, and revision were given in the Code to restrict judges in delivering judgments regarding impugned orders. These judicial procedures help to maintain accuracy and fairness in our judicial system.
Table of Contents
Reference
Meaning
Section 113 of the Civil Procedure Code, 1908 allows the subordinate court to refer, or to take the opinion of the Higher Court if they get back against the wall while delivering any judgment; regarding any act, ordinance, or regulation that whether the act is valid, or invalid or inoperative. To avoid misinterpretation of any law the lower court sends an application to the High court through parties or can apply on its own in case of doubt about any question of law.
It should be noted that The word “Court” refers to the Court of Civil Jurisdiction” in the Code of Civil Procedure, 1908
OBJECTS
The word reference means to take civil action regarding a particular issue. The object of this judicial procedure is to bring courtesy to the fairness of the judicial system that enables the subordinate courts to take the opinion of the Higher Courts regarding non-appealable cases. As referred in Chhotubhai v. Bai Kashi, AIR 1941 Bom 365:ILR 1941 Bom 131; Birendra Kishor v. Secy of State, AIR 1921 Cal 262(FB).
The following conditions are required to satisfies the lower court to take the opinion of the High Court under this provisos are :
- Any question arise regarding the validadtion of law, entertaing of the suit with respect of any act, ordinance, rules orders and regulations.
- When a subordinate court feels that there power is ultra-virse and they should take an opinion of the Higher Court.
- when the parties feels that the lower court has taken any decision which invalidates or they gone boyond their jurisdiction. Then the parties can refer their case in High Court regarding civil jurisdiction.
- The high court and Supreme Court must not made such quesion regarding the provison of an law which is invalid or inoperative. Thesevdeterminations of validity thereof necessary for the disposal of case.
- If the Court feels that it is important to take the referance of the High Court the confirmation of the validity of the provisions mentioned in the law before declaring it to be void and disposal.
No Reference under section 113 of the CODE OF CIVIL PROCEDURE certifies that there would have no issues regarding an Act, Ordinance, and Regulation. This provision ensures the validity of the legislative provision should be interpreted and decided by the apex court of the State and they shouldn’t be a chance of any misinterpretation.
Trying to learn the art of advocacy.
Practicing at the Calcutta High Court and in its vicinity.
