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.
THE FIRST SCHEDULE · ORDER XLVI REFERENCE
Order XLVI Rule 1: Reference of question to High Court
The Code of Civil Procedure, 1908
Questions on this rule
1 question in 5 of our papers cite Order XLVI Rule 1. Try these from the free papers:
1. Consider the following statements regarding reference to the High Court under Order XLVI CPC: 1. A reference under Rule 1 may be made in a suit or appeal in which the decree is not subject to appeal, or in the execution of such a decree. 2. The referring Court may pass a decree contingent upon the High Court's decision, but it shall not be executed until a copy of the High Court's judgment on the reference is received. 3. A reference may be made only on the application of a party and not by the Court of its own motion. 4. The costs, if any, consequent on a reference shall be costs in the case. Which of the statements given above are correct?