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Bare acts > Code of Civil Procedure, 1908 > Section 113
 
  


 

113. 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 therefore, and refer the same for the opinion of the High Court.

Explanation: In this section, “Regulation” means any Regulation of Bengal, Bombay or Madras Code of 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, after the words ‘any Regulation of Bengal Bombay or Madras Code’ the words ‘or any Regulation of the Madras Code’ in force in the state of Andhra as it existed immediately before the 1st November, 1956, are inserted by the Andhra Adaptation of (Second Amendment) Order. 1954 (1.10.1953) and the Andhra Pradesh Adaptation of Law (Amendment) Order Order, 1957 (1.11.1956).

PONDICHERRY.- Sec Tamil Nadu as it falls within jurisdiction of the Madras high court, Sec Section 9 of Act, 49 of 1962 (w.e.f. 6.1 1.1962).

TAMIL NADU.- In the Explanation, 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 the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (LVI of 1959)”- Madras (Added Territories) A.L .0 1961 (1.4.1960).

 

 

 

 

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