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Difference Between Review and Reference

The document discusses the difference between a reference and a review under the Civil Procedure Code. [1] A reference allows a subordinate court to refer questions of law to the High Court when it has a reasonable doubt. [2] It can only be made in a pending case and must meet certain conditions. [3] In contrast, a review allows an aggrieved person to apply for reconsideration of a decree or order by the same judge if there is new evidence, an error, or other sufficient reason.

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Siddhant Radhu
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1K views2 pages

Difference Between Review and Reference

The document discusses the difference between a reference and a review under the Civil Procedure Code. [1] A reference allows a subordinate court to refer questions of law to the High Court when it has a reasonable doubt. [2] It can only be made in a pending case and must meet certain conditions. [3] In contrast, a review allows an aggrieved person to apply for reconsideration of a decree or order by the same judge if there is new evidence, an error, or other sufficient reason.

Uploaded by

Siddhant Radhu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Difference between ‘Reference’ and ‘Review’ under Civil Procedure Code

A. Reference:

Section 113 of the Code empowers a Subordinate Court to state a case and refer the same for
the opinion of the High Court. Such opinion can be sought when the Court itself feels some
doubt about a question of law. The High Court may make such order thereon as it thinks fit.

The right of reference, however, is subject to the conditions prescribed by Order 46, Rule 1
and unless they are fulfilled, the High Court cannot entertain a reference from a Subordinate
Court.

A Subordinate Court can make reference to High Court on the following grounds:

(i) There must be a pending suit or appeal in which the decree is not subject to appeal or a
pending proceeding in execution of such decree;

(ii) A question of law or usage having the force of law must arise in the course of such suit,
appeal or proceeding; and

(iii) The Court trying the suit or appeal or executing the decree must entertain a reasonable
doubt on such question.

Questions of law on which a Subordinate Court may entertain a doubt may be divided into
two classes:

(a) Those which relate to the validity of any Act, Ordinance or Regulation; and

(b) Other questions.

In the latter case, the reference is optional but in the former case it is obligatory if the
following conditions are fulfilled-

(i) It is necessary to decide such question in order to dispose of the case;

(ii) The Subordinate Court is of the view that the impugned Act, Ordinance or Regulation is
ultra vires, and

(iii) There is no determination by the Supreme Court or by the High Court to which such
Court is subordinate, that such Act, Ordinance or Regulation is ultra vires.

The object of the proviso is to see that the Act or legislature should be interpreted by the
highest Court in the State.
B. Review:

Section 114 of the Code gives a substantive right of review in certain circumstances and
Order 47 provide the procedure there for, the provision relating to review constitutes an
exception to the general rule that once the judgment is signed and pronounced by the Court it
has no jurisdiction to alter it.

1. Who may apply for review:

Any person aggrieved by a decree or order may apply for a review of judgement where no
appeal is allowed or where appeal is allowed but no appeal has been filed against such decree
or order.

2. To whom a review shall lie:

An application for review should be made to the very judge who passed the decree or made
the order. But if that judge is not available, it will be heard by another judge or his successor
in office.

3. Grounds for review:

An application for review of a judgement may be made on any of the following grounds-

(i) Discovery of new and important matter or evidence; or

(ii) Mistake or error apparent on the face of the record; or

(iii) Any other sufficient reason.

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