Question

_____is to enable subordinate courts to obtain in non-appealable cases the opinion of the High Court in the absence of a question of law and thereby avoid the commission of an error which could not be remedied later on.

• A. Review
• B. Reference
• C. Appeal
• D. Revision

Hint:

Remember the direction of action: \textbf{Reference} is 'bottom-up' (lower court asks higher court). \textbf{Appeal} and \textbf{Revision} are 'top-down' (higher court examines lower court's decision). \textbf{Review} is internal (same court re-examines its own decision).

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question describes a procedure where a lower court seeks guidance from a higher court on a point of law. This is one of the mechanisms of judicial supervision provided in the Code of Civil Procedure, 1908. (Note: There appears to be a typo in the question. It should say "on a question of law" instead of "in the absence of a question of law," as the very purpose of this procedure is to resolve a doubt on a legal question.)
Step 2: Detailed Explanation:
Let's analyze the options based on their functions: \begin{itemize} \item (A) Review (Section 114, Order XLVII): A court reconsiders its own judgment. This is an exception to the rule of \textit{functus officio}. \item (B) Reference (Section 113, Order XLVI): A subordinate court refers a pending case to the High Court for its opinion on a question of law. This is done when the lower court has a reasonable doubt about a question of law, especially concerning the validity of an Act or Regulation, and the case is non-appealable. This mechanism allows the subordinate court to avoid making an error of law that might not be correctable later. This matches the description in the question (despite the typo). \item (C) Appeal (e.g., Sections 96, 100): A party aggrieved by a lower court's decision challenges it before a higher court. It is a proceeding to reconsider the decision of a lower court. \item (D) Revision (Section 115): The High Court examines the record of a case decided by a subordinate court to correct jurisdictional errors. It is not an appeal on merits. \end{itemize}
Step 3: Final Answer:
The procedure described is a Reference.