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Reference, Review, Revision

Municipal Corporation of City v. Shiv Shankar Gauri Shankar Mehta (1998) 9 SCC 197


Whether the statements made by the high Court after answering the questions referred to it by rejecting the references, binding on the parties?


Section 113 CPC deals with References made to High Court. It states that any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit.

Order 46 rule 3 of CPC states that once the HC has heard the parties, it shall decide the point so referred and shall transmit a copy of its judgment, under the signature of the Registrar, to the Court by which the Reference was made. Such Court shall, on the receipt thereof, proceed to dispose of the case in conformity with the decision of the High Court.

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