Are High Court remarks made beyond the referred questions binding on parties?

No. After the High Court answers the reference, extra remarks have no legal effect on the suit’s result.

What must the trial court do after a reference is answered?

Proceed in conformity with the High Court’s decision on the referred point, as per Order 46 Rule 3 CPC.

Does Section 113 CPC let any court refer any doubt to the High Court?

Yes. A court may state a case and seek the High Court’s opinion and must then follow that decision.

What did the Supreme Court say about para 7 of the HC judgment here?

It was unnecessary and had no legal effect, since the reference had already been rejected.

Key takeaway for exams?

Only the High Court’s answer to the referred questions binds. Stray or surplus observations do not bind the parties.

municipal-corporation-of-city-v-shiv-shankar-gauri-shankar-mehta-1998-9-scc-197

Municipal Corporation v. Shiv Shankar Gauri Shankar Mehta — References under S.113 & O.46 R.3 CPC

Author: Gulzar Hashmi India CASE_TITLE: Municipal Corporation of City v. Shiv Shankar Gauri Shankar Mehta PRIMARY_KEYWORDS: Section 113 CPC, Order 46 Rule 3 CPC, reference SECONDARY_KEYWORDS: binding observations, surplus remarks, Bombay Municipal Corporation Act PUBLISH_DATE: 22 Oct 2025 Slug: municipal-corporation-of-city-v-shiv-shankar-gauri-shankar-mehta-1998-9-scc-197

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Summary Issues Rules Facts Arguments Judgment Ratio Why It Matters Key Takeaways Mnemonic IRAC Glossary FAQs Related

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Quick Summary

Once the High Court answers the reference under Section 113 read with Order 46 Rule 3 CPC, its job ends. Any extra remarks made after rejecting/answering the reference do not bind the parties and have no legal effect. The trial court must proceed only in line with the answer to the referred point.

S.113 CPC O.46 R.3 (1998) 9 SCC 197

Issues

Are the High Court’s statements made after answering a reference and rejecting it binding on the parties?
How do Section 113 and Order 46 Rule 3 CPC control the trial court’s duty after a reference is decided?

Rules

Section 113 CPC: Any court may refer a legal question to the High Court and seek its opinion.
Order 46 Rule 3 CPC: High Court decides the point referred and sends its judgment; the referring court must dispose of the case in conformity with that decision.

Facts — Timeline

Road line enforcement: A city corporation moved to enforce a road line under the Bombay Municipal Corporation Act, 1949.

Notices: Public notices under S.212(1)(b) were issued to owners and occupiers likely to be affected.

Multiple suits: Several suits were filed in the City Civil Court challenging the action.

Reference framed: The Civil Judge referred two legal questions to the High Court under S.113/O.46.

HC order: The High Court rejected the reference. In para 7, it made remarks unrelated to the referred points.

SLP: Aggrieved, the plaintiff approached the Supreme Court.

Timeline for Municipal Corporation v. Shiv Shankar Gauri Shankar Mehta

Arguments (Appellant vs Respondent)

Appellant

Only the referred questions can be decided; other remarks cannot bind the parties.
Trial court must act strictly per O.46 R.3.

Respondent

HC’s observations should guide disposal of suits.
References were rightly rejected; remarks aid clarity.

Judgment

Held: After the High Court answered the referred questions by rejecting the references, nothing else survived for it to decide. The extra observations (e.g., para 7) were unnecessary and had no legal effect on the suits. Under S.113 and O.46 R.3 CPC, only the decision on the referred point binds; the trial court must proceed in conformity with that.

Ratio Decidendi

In a reference, the High Court’s binding force is confined to the referred question answered.
Surplus remarks made beyond the reference do not bind and cannot affect the suits.

Why It Matters

This case draws a clean line: references are narrow. Trial courts must follow the answer, not stray comments. It protects parties from being bound by remarks outside the referred point.

Key Takeaways

Scope control: Only referred questions bind.
Trial duty: Proceed strictly per O.46 R.3.
Safety valve: Surplus observations have no legal effect.

Mnemonic + 3-Step Hook

Mnemonic: “ANSWER BINDS — ADD-ONS DON’T.”

Ask: What was referred?
Apply: Follow only the answer under S.113/O.46 R.3.
Ignore: Treat surplus remarks as non-binding.

IRAC Outline

Issue	Whether High Court’s remarks after answering a reference bind the parties.
Rule	Section 113 CPC; Order 46 Rule 3 CPC — bind only to the referred point decided.
Application	HC rejected the reference but added para 7 remarks; these were outside the referred scope, hence non-binding.
Conclusion	Extra observations had no legal effect; trial must proceed per the reference decision alone.

Glossary

Reference: A lower court’s formal request to the High Court to decide a specific legal question (S.113 CPC).
Order 46 Rule 3: Requires the trial court to dispose of the case in conformity with the High Court’s decision on the referred point.
Surplus Observations: Remarks beyond the precise issue; generally not binding.

FAQs

No. Only the answer to the referred question binds. Extra comments do not.

Proceed and decide the suit in line with the High Court’s answer under Order 46 Rule 3 CPC.

They may provide context, but they are not binding and cannot change the suit’s result.

To maintain procedural clarity and ensure only the precise legal doubt controls the trial’s course.