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 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, (10 of 1897) or in the General Clauses Act of a State.
106 CPC What Courts to hear appeals
107 CPC Powers of Appellate Court
108 CPC Procedure in appeals from appellate decrees and orders
109 CPC When appeals lie to the Supreme Court
113 CPC Reference to High Court
116 CPC Part to apply only to certain High Courts
117 CPC Application of Code to High Courts
118 CPC Execution of decree before ascertainment of costs
119 CPC Unauthorized persons not to address Court
120 CPC Provisions not applicable to High Court in original civil jurisdiction