Section 90 CPC: Power to State a Case for the Opinion of the Court

Section 90 CPC - Statutory provision

The section is headed Power to state case for opinion of Court and reads:

Where any persons agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed.

Section 90 is an enabling provision. The detailed procedure is prescribed by Order XXXVI (Special Case) of the First Schedule to the CPC. Refer to the Code of Civil Procedure, 1908 on India Code for the official legislative text and applicable amendments.

What is a stated case under Section 90 CPC?

A stated case, sometimes described as a special case, is a written statement of an agreed legal or factual question submitted by interested parties for a competent civil court to decide. The parties agree on the case to be put before the court, rather than beginning an ordinary adversarial suit based on disputed pleadings.

The provision does not authorize a court to give an abstract advisory opinion whenever requested. Order XXXVI imposes conditions, including an actual question affecting parties' rights or liabilities and the court's competence to determine it.

Essential elements

• Written agreement: The interested persons agree in writing to state the case for the court's opinion.
• Defined question: The statement sets out the question to be determined and the material facts necessary to decide it.
• Legal interest: The question concerns the parties' rights or liabilities in circumstances contemplated by Order XXXVI.
• Competent court: The court must have jurisdiction to deal with the subject matter and the case must meet the prescribed procedural conditions.

Procedure under Order XXXVI CPC (Special Case)

Section 90 must be read with Order XXXVI, Rules 1 to 6, which provide the procedural framework for a special case.

1. Agree on a written case: The parties formulate a written statement of the question for the court's opinion and the relevant facts (Rule 1).
2. Identify the parties' interests: The written agreement states the parties' respective interests in the question and complies with the requirements for stating a special case (Rule 2).
3. File the agreement: The agreement is filed in a court competent to entertain it and is registered as a suit between the parties (Rule 3).
4. Judicial scrutiny: The court considers whether the agreement was duly executed and whether it has jurisdiction and the case is fit for determination under the Order (Rule 4).
5. Decision and decree: Where the conditions are satisfied, the court may pronounce judgment and a decree follows in accordance with the prescribed procedure (Rules 5 and 6).

The actual wording and operation of individual rules should be checked in the applicable CPC and any relevant local amendments or court rules. A written agreement alone does not guarantee a determination where the prescribed conditions are not met.

Illustrative example

Two parties agree on the facts and documents governing a contractual obligation but disagree about the legal interpretation of one clause. If the matter falls within Order XXXVI and the competent court is satisfied that the statutory conditions are met, they may submit an agreed written case asking the court to determine the identified question. This avoids litigating facts that are not in dispute.

This example is illustrative only. The suitability of the special-case procedure depends on the rights involved, the precise question, the agreement and the court's jurisdiction.

Related CPC provisions and official resources

• Order XXXVI, Rules 1-6: Special cases; the principal procedural rules giving effect to Section 90.
• Section 89 CPC: Settlement of disputes outside the court, a different process from stating a special case.
• Section 91 CPC: Public nuisances and other wrongful acts affecting the public.
• CPC sections and orders index: Navigate the wider Code.

Official reference: India Code legislative database. Parties should also check the relevant High Court's rules and applicable amendments before filing.

Frequently asked questions

What does Section 90 CPC provide?

It allows persons who agree in writing to state a case for the opinion of the court to have that case tried and determined in the prescribed manner.

Which CPC Order governs a special case?

Order XXXVI of the First Schedule to the CPC governs special cases submitted by written agreement.

Can parties seek a purely hypothetical opinion?

Section 90 is not a general advisory jurisdiction. The case must satisfy the conditions of Order XXXVI, including a question affecting the parties' legal interests.

Is a Section 90 proceeding the same as mediation under Section 89?

No. Section 90 concerns a court's determination of an agreed stated case, while Section 89 concerns referral to specified dispute-resolution processes.