ORDER XXXVI SPECIAL CASE - RULE 1, 2 OF CODE OF CIVIL PROCEDURE 1908

What is the Power to state case for Courts opinion? Where value of subject-matter must be stated? Rule 1 and 2 of Order XXXVI of Code of Civil Procedure 1908

Power to state case for Courts opinion and Where value of subject-matter must be stated are defined under Rule 1 and 2 of Order XXXVI of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 1 Order XXXVI of Code of Civil Procedure 1908 "Power to state case for Courts opinion"

(1) Parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a case for the opinion of the Court, and providing that, upon the finding of the Court with respect to such question,-

(a) a sum of money fixed by the parties or to be determined by the Court shall be paid by one of the parties to the other of them; or

(b) some property, movable or immovable, specified in the agreement, shall be delivered by one of the parties to the other of them; or

(c) one or more of the parties shall do, or refrain from doing, some other particular act specified in the agreement.

(2) Every case stated under this rule shall be divided into consecutively numbered paragraphs, and shall concisely state such facts and specify such documents as may be necessary to enable the Court to decide the question raised thereby.

Rule 2 Order XXXVI of Code of Civil Procedure 1908 "Where value of subject-matter must be stated"

Where the agreement is for the delivery of any property, or for the doing, or the refraining from doing, any particular act, the estimated value of the property to be delivered, or to which the act specified has reference, shall be stated in the agreement.

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