Section 113 of CPC : Section 113: Reference to High Court.

Explanation using Example

Example 1:

Scenario: A dispute arises between two parties, A and B, over the ownership of a piece of land. During the trial, Party A argues that a specific state regulation that affects land ownership is invalid and should not be applied to their case.

Application of Section 113: The trial court, after hearing the arguments, believes that the regulation in question might indeed be invalid but has not been declared so by the High Court or the Supreme Court. The trial court decides to refer the matter to the High Court for its opinion on the validity of the regulation. The trial court states the case, sets out its opinion and reasons, and sends it to the High Court. The High Court will then review the matter and provide its opinion, which will guide the trial court in resolving the dispute.

Example 2:

Scenario: A company, XYZ Ltd., is involved in a lawsuit regarding the interpretation of a central government ordinance related to environmental regulations. The company argues that the ordinance is unconstitutional and should not be enforced.

Application of Section 113: The court handling the lawsuit finds that the question of the ordinance's validity is crucial for deciding the case. However, the ordinance has not been declared invalid by the High Court or the Supreme Court. The court decides to refer the question to the High Court for its opinion. The court drafts a statement of the case, including its opinion and reasons for questioning the ordinance's validity, and sends it to the High Court. The High Court will then examine the issue and provide its opinion, which will help the lower court in making a final decision on the lawsuit.

Example 3:

Scenario: An individual, Mr. Sharma, files a lawsuit challenging a municipal regulation that imposes a new tax on property owners. Mr. Sharma claims that the regulation is beyond the powers of the municipal authority and is therefore invalid.

Application of Section 113: The court hearing Mr. Sharma's case finds that the validity of the municipal regulation is a key issue that needs to be resolved to decide the case. The court is of the opinion that the regulation may be invalid but has not been declared so by the High Court or the Supreme Court. The court decides to refer the matter to the High Court for its opinion. The court prepares a statement of the case, outlining its opinion and reasons, and refers it to the High Court. The High Court will review the matter and provide its opinion, which will assist the lower court in resolving Mr. Sharma's lawsuit.