Order XXXVI CPC: Special Case - Rules 1 and 2
Order XXXVI of the Code of Civil Procedure, 1908 allows parties interested in the determination of a question of fact or law to state an agreed special case for the Court's opinion. This page covers Rules 1 and 2, dealing with the written agreement and the value of the subject-matter.
Rule 1 - Power to state case for Court's 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 that question:
- (a)a sum of money fixed by the parties or to be determined by the Court shall be paid by one party to another; or
- (b)specified movable or immovable property shall be delivered by one party to another; or
- (c)one or more parties shall do, or refrain from doing, a particular act specified in the agreement.
(2) Every case stated under this rule shall be divided into consecutively numbered paragraphs and shall concisely state the facts and specify the documents necessary to enable the Court to decide the question raised.
Rule 2 - Where value of subject-matter must be stated
Where the agreement is for delivery of property, or for doing or refraining from doing a particular act, the estimated value of the property to be delivered, or of the property to which the specified act relates, shall be stated in the agreement.
Official text
The latest official India Code publication lists Order XXXVI as containing Rules 1 to 6. For the authoritative central text and the remaining rules governing filing, registration, jurisdiction, hearing and appeal, refer to the official Code of Civil Procedure, 1908.