All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

The correct option is B: Reference.

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

Reference is mentioned under section 113 and order 46 of the Civil Procedure Code. A matter is generally referred when its question cannot be decided by the court doing a trial of it. A reference can be made only when there is a question of law or validity of any Act or Ordinance or of any provision of the Act is involved and can be sought only in a pending suit, appeal, or other proceedings.

Review, on the other hand, is mentioned under section 114 and order 47 of the Civil Procedure Code. It is a remedy available to a party who is aggrieved by a decree or order of the same court that passed it. A review can be sought only on the grounds of discovery of new and important matter or evidence, mistake or error apparent on the face of the record, or any other sufficient reason.

Appeal is mentioned under section 96 to 112 and order 41 to 45 of the Civil Procedure Code. It is a remedy available to a party who is aggrieved by a decree or order of a subordinate court and wants to challenge it before a higher court. An appeal can be filed only against appealable decrees or orders as specified in the Code. An appeal involves a rehearing of the case by the appellate court and a fresh decision based on the merits of the case.

Revision is mentioned under section 115 of the Civil Procedure Code. It is a remedy available to a party who is aggrieved by a decree or order of a subordinate court that suffers from jurisdictional error, material irregularity, or illegality. A revision can be filed only when no appeal lies against such decree or order. A revision involves an examination of the legality and propriety of the proceedings by the High Court and not a fresh decision on the merits of the case.