APCRPCO Section 153 : Reference to High Court

Explanation using Example

Example 1: Reference Initiated by a Party

Introduction: In a civil dispute between Mr. Rao and Ms. Devi over property boundaries, the trial court encounters a complex legal question. Mr. Rao's lawyer requests the court to refer this question to the High Court for clarification under Order XLVI, Rule 1 of the Code of Civil Procedure.

Application: According to Section 153 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, the court requires Mr. Rao to provide the necessary court-fee stamps for serving notice to himself and Ms. Devi. This ensures that both parties are informed about the reference to the High Court.

Outcome: Mr. Rao complies by submitting the required stamps. The court then forwards the case along with the stamps to the High Court. If Mr. Rao had failed to provide the stamps, the reference might have been delayed, affecting the timely resolution of the dispute.

Conclusion: Compliance with this provision ensures that all parties are duly notified, facilitating a smooth legal process. Non-compliance could lead to procedural delays and additional costs.

Example 2: Reference Initiated by the Court

Introduction: In a case involving multiple parties disputing a will, the trial court identifies a legal ambiguity that requires clarification from the High Court. The court decides to refer the matter on its own motion.

Application: As per Section 153, the court instructs each party involved to submit court-fee stamps for serving notice on themselves. This ensures that all partie...

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