Reference to High Court
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Summary
When a point of law or a legal usage arises in a District Court case under this Act, the court can frame a statement of the case, add its opinion, and refer the question to the High Court for decision. If the question arises before or during the hearing, the District Court may stay the proceedings or proceed and pass a decree contingent on the High Court’s opinion. If a decree or order already exists, its execution is stayed until the High Court rules.
Example
Priya files for divorce in the District Court and, before the hearing, a doubt arises about whether a certain document is admissible as evidence. The District Court frames the question, refers it with its opinion to the High Court, and stays further proceedings until the High Court decides.
Bare Act
Enacted textWhen any question of law or usage having the force of law arises at any point in the proceedings previous to the hearing of any suit under this Act by a District Court or at any subsequent stage of such suit, or in the execution of the decree therein or order thereon, the Court may, either of its own motion or on the application of any of the parties, draw up a statement of the case and refer it, with the Court’s own opinion thereon, to the decision of the High Court. If the question has arisen previous to or in the hearing, the District Court may either stay such proceedings, or proceed in the case pending such reference, and pass a decree contingent upon the opinion of the High Court upon it. If a decree or order has been made, its execution shall be stayed until the receipt of the order of the High Court upon such reference.
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