Fill in the blank: A reference under the CPC is made when a lower court seeks guidance from the ___ on a legal issue.

High Court

True or False: The parties involved in a civil suit can initiate a reference to the High Court under the CPC.

False. The request for reference is initiated by the lower court itself.

Explain the conditions that must be fulfilled for a reference under the CPC to be valid.

Reference under CPC must meet specific conditions.

• Ongoing suit or appeal required.

• Doubt on legal provision arises.

• Presiding court must handle case.

Fill in the blank: The primary aim of making a reference within the CPC is to clarify legal issues in cases that are not eligible for ___.

Appeal

What powers does the High Court have when responding to a reference under the CPC?

High Court has significant powers.

• Discretion to answer questions.

• Can decline to respond.

• Explore new legal aspects.

Fill in the blank: References under the CPC are limited to questions of ___ and are not based on hypothetical issues.

Law

True or False: A tribunal has the jurisdiction to make a reference to the High Court under the Civil Procedure Code.

False. Only courts in civil matters hold the authority to refer cases to the High Court.

Describe the impact of a High Court ruling on a lower court's decree when a reference is made.

High Court ruling affects lower court.

• Upholds plaintiff's victory.

• Dismisses unfavorable lawsuits.

• Sets legal precedents for future.

What happens if the High Court finds a reference to be unwarranted?

The High Court may instruct the referring judge to personally bear the costs associated with the reference.

Fill in the blank: The referring court must provide its own ___ on the legal question when making a reference to the High Court.

Opinion

What is the significance of the conditions outlined in Order 46 of the CPC regarding references?

Order 46 ensures judicial integrity.

• Limits unnecessary references.

• Promotes genuine legal clarity.

• Protects judicial resources effectively.

Fill in the blank: The High Court sends its judgment back to the referring court after hearing the ___ involved in the reference.

Parties

What role does the referring court play in the reference process under the CPC?

The referring court formulates legal questions.

• Identifies key legal issues.

• May stay proceedings for clarity.

• Submits opinion to High Court.