Question

A reference can be made during the pendency:

• A. The subordinate court refers the case to the high court for the latter's opinion on a question of law.
• B. The subordinate court refers the case to the high court for the latter's opinion on a question of evidence.
• C. The subordinate court refers the case to the high court for the latter's opinion on a question of fact.
• D. The subordinate court refers the case to the high court for the latter's opinion on a question of court procedure.

Hint:

Remember: Under Section 113 CPC, reference to the High Court is strictly confined to questions of law, not facts or evidence.

Answer 1

The Correct Option is A

Step 1: Understanding reference jurisdiction.
Under Section 113 of the Code of Civil Procedure (CPC), a subordinate court may refer a case to the High Court during the pendency of proceedings, but only when a question of law is involved. This is because the High Court has the authority to clarify doubtful legal provisions.

Step 2: Analyzing the options.
- (A) Correct: Reference can only be made when a question of law arises.
- (B) Wrong: Questions of evidence are decided by the trial court itself.
- (C) Wrong: Questions of fact are within the domain of the subordinate court.
- (D) Wrong: Procedural issues do not require a reference.

Step 3: Conclusion.
Therefore, the correct option is (A) — a reference can be made to the High Court only on a question of law.