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The Code of Civil Procedure, 1908: page 71
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 71, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court
from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies—
(i) that the case involves a substantial question of law of general importance; and
(ii) that in the opinion of the High Court the said question needs to be decided by the Supreme
Court.]
110. [Value of subject matters.] Rep. by the Code of Civil Procedure (Amendment) Act, 1973
(49 of 1973), s. 3 (w.e.f. 29-11-1973).
111. [Bar of certain appeals.] Rep. by the A.O. 1950.
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[111A. [Appeals to Federal Court] Rep. by the Federal Court Act, 1941 (21 of 1941), s. 2
(w.e.f. 1-9-1942).
112. Savings.—2[(1) Nothing contained in this Code shall be deemed—
(a) to affect the powers of the Supreme Court under article 136 or any other provision of the
Constitution; or
(b) to interfere with any rules made by the Supreme Court, and for the time being in force for the
presentation of appeals to that Court, or their conduct before that Court.]
(2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty
jurisdiction or to appeals from orders and decrees of Prize Courts. e
PART VIII od
aC
REFERENCE, REVIEW AND REVISION
113. Reference to High Court.—Subject to such conditions and limitations as may be prescribed,
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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: In
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[Provided that where the Court is satisfied that a case pending before it involves a question as to the
validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or
Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that
such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the
High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case
setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court.
Explanation.—In this section, “Regulation” means any Regulation of the Bengal, Bombay or Madras
Code or Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses
Act of a State.]
114. Review.—Subject as aforesaid, any person considering himself aggrieved—
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal
has been preferred,
(b) by a decree or order from which no appeal is allowed by this Code, or
(c) by a decision on a reference from a Court of Small Causes,
may apply for a review of judgment to the Court which passed the decree or made the order, and the
Court may make such order thereon as it thinks fit.
115. Revision.—4[(1)] The High Court may call for the record of any case which has been decided by
any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate
Court appears—
1. Ins. by the A.O. 1937.
2. Subs. by the A.O. 1950, for the former sub-section (1).
3. Added by Act 24 of 1951, s. 2 (w.e.f. 1-4-1951).
4. S. 115 re-numbered as sub-section (1) by Act 104 of 1976, s. 43 (w.e.f. 1-2-1977).
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