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.