CPC 113. Reference to High Court

unique horn (Querist) 17 January 2011 This query is : Resolved
Please answer my query,

1.When the trail court reject the Petition for a reference to high court,can we file revision in higher court?

2. Is it possible to ask reference directly in high court?

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Parveen Kr. Aggarwal (Expert) 18 January 2011
1. The order refusing to make reference to the High Court, is not appellable either under section 104 or under Order 43, Rule 1 of the Code of Civil Procedure, 1908. However, Revision petition can be filed under Article 227 of the Constitution of India.

2. Under the scheme of the Code of Civil Procedure, 1908, a party cannot directly approach the High Court for reference.

Amit Minocha (Expert) 19 January 2011
agree with experts

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