Section 113 of the Code provides that 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.
Order 46, rule 1, C.P.C. prescribes the conditions to be satisfied to enable a subordinate court to make a reference, either of its own motion or on the application of any of the parties. It reads:
“Where, before or on the hearing of a suit or an appeal in which the decree is not subject to appeal, or where, in the execution of any such decree, any question of law or usage having the force of law arises, on which the court trying the suit or appeal, or executing the decree, entertains reasonable doubt, the court may, either of its own motion or on the application of any of the parties, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer such statement with its own opinion on the point for the decision of the High Court.”
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The conditions which permit a reference are:
(1) There arises a question of law in any suit, appeal or execution from which no appeal lies;
(2) There is reasonable doubt on such question;
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(3) The court draws up a statement of the facts of the case and the point on which doubt is entertained; and
(4) The court expresses its own opinion on the point.
A reference can be made to the High Court under this rule only in a suit or appeal arising out of a suit or in the execution of any such decree, and not in every matter before the court in which a point arises on which the court entertains a reasonable doubt.
The object of Section 113 is to enable the subordinate courts to obtain, in non-appealable cases, the opinion of the High Court in advance on a question of law and thereby avoid the commission of an error which could not be remedied later on.