Code of Civil Procedure, 1908
113.Refence 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:
{Added by Act 24 of 1951, s.2.} [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, or in the General Clauses Act of a State.]