Order XIV Rule 6 CPC - Questions of Fact or Law by Agreement

Order XIV Rule 6 of the Code of Civil Procedure, 1908 permits parties to a civil suit to agree on a question of fact or law for decision by the court and record in writing the consequences that will follow its determination.

Order XIV Rule 6 CPC - Statutory Provision

Heading: Questions of fact or law may by agreement be stated in form of issues.

Meaning and Purpose of Rule 6

An issue is a material question of fact or law requiring determination in a suit. Under Order XIV Rule 1, issues ordinarily arise from material propositions affirmed by one party and denied by another. Rule 6 provides a special mechanism when the parties agree that a particular question should be decided and also agree in writing on what will follow from the court's answer.

The agreement does not substitute the parties' preference for a judicial finding. Instead, it identifies the question and the stipulated consequences of an affirmative or negative finding, subject to judicial scrutiny under Rule 7.

Essential Requirements

1. Agreement on the question: The parties must agree upon the question of fact or law to be decided.
2. Issue in clear terms: The question must be stated in the form of an issue capable of a finding by the court.
3. Written agreement: The agreed consequences must be recorded in writing.
4. Connection with the dispute: The stipulated payment, right, liability, property or act must be of the kind contemplated by clauses (a), (b) or (c).
5. Judicial consideration: Rule 7 governs when the court may act upon the agreement and pronounce judgment.

Explanation of Clauses (a), (b) and (c)

Clause (a): Payment, rights and liabilities

The parties may agree that the court's finding will result in payment of a specified or ascertainable sum, recognition of a right, or imposition of a stated liability. For example, the parties might agree that a specified sum is payable if the court determines that a contractual condition was fulfilled.

Clause (b): Delivery of disputed property

The written agreement may provide for delivery of identified property that is in dispute in the suit, depending on the court's finding. The property should be sufficiently described to avoid uncertainty.

Clause (c): Doing or refraining from an act

The parties may stipulate that one or more parties will perform or refrain from a particular act connected with the dispute. For example, an agreed issue about an easement may be linked to an undertaking concerning obstruction of a passage.

Illustrative Example

In a civil dispute over access to a pathway, the parties agree to place before the court the issue: "Whether the plaintiff has a legally enforceable right of way over the disputed passage?" They record in writing that if the court answers in the affirmative, the defendant will remove a specified obstruction, and if it answers in the negative, the plaintiff will not assert that claimed right. Whether judgment may be pronounced on this basis remains subject to Order XIV Rule 7 and other applicable law.

Relationship with Other CPC Provisions

• Order XIV Rule 1: explains how material disputes of fact and law give rise to issues.
• Order XIV Rule 5: permits amendment, addition or striking out of issues before decree.
• Order XIV Rule 7: addresses judicial satisfaction about execution, substantial interest and good faith before judgment on the agreement.
• Order XXIII Rule 3: separately governs recording a lawful compromise or adjustment of a suit; it should not be confused with the agreed-issue procedure under Order XIV Rules 6 and 7.

Official Legislative Reference

Consult the India Code official legislation portal for the Code of Civil Procedure, 1908 (Act 5 of 1908), First Schedule, Order XIV, Rules 6 and 7. State amendments and special procedural provisions may require separate consideration.

Frequently Asked Questions

Legal information is provided for general educational purposes. Applicable amendments and the facts of a particular suit should be checked before reliance.