1. The plaintiff-petitioner has filed this revision petition against the order of the trial Court, dated 18th October, 1979, whereby his application under Section 113 read with Order 46 and Section 151 of the Code of Civil Procedure has been dismissed.

2. The learned counsel for the respondents has raised a preliminary objection that no revision petition is maintainable against the order of the learned Subordinate Judge, dismissing the plaintiff s application under Section 113 of the Code of Civil Procedure, because it is for the trial Court to state a case and refer the same for the opinion of the High Court. Since the trial Court was not satisfied that the case pending before it involves a question as to the validity of any Act, Ordinance etc., the High Court in the exercise of its jurisdiction under Section 115 of the Code of Civil Procedure, will not direct the Court to refer the same to the High Court. I find force in this contention. Section 113 of the Code of Civil Procedure, reads as under :-

"Subject to such conditions and limitations as may be prescribed, and Court may state a case and refer the same for the opinion of the High Court, and the High Court ma