Order XIV Rule 7 CPC - Court May Pronounce Judgment on Agreed Issues
Order XIV Rule 7 provides the procedure for a court to decide an issue framed by agreement of the parties under Rule 6, after checking the agreement and the suitability of the question for adjudication.
Text of Order XIV Rule 7
Court, if satisfied that agreement was executed in good faith, may pronounce judgment.
Where the Court is satisfied, after making such inquiry as it deems proper,-
(a) that the agreement was duly executed by the parties,
(b) that they have a substantial interest in the decision of such question as aforesaid, and
(c) that the same is fit to be tried and decided, it shall proceed to record and try the issue and state its finding or decision thereon in the same manner as if the issue had been framed by the Court;
and shall, upon the finding or decision on such issue, pronounce judgment according to the terms of the agreement; and, upon the judgment so pronounced, a decree shall follow.
Meaning and purpose of Rule 7
Rule 7 works together with Order XIV Rule 6. Rule 6 permits parties to state an agreed question of fact or law as an issue and specify in writing the consequences of the court's finding. Rule 7 requires judicial scrutiny before the court acts on that arrangement.
Conditions the court must examine
1. Agreement duly executed by the parties - clause (a)
The court must be satisfied that the agreement was properly executed by the parties. The heading also emphasizes good faith. A purported agreement is not enough without the court's satisfaction after such inquiry as it considers proper.
2. Substantial interest - clause (b)
The parties must have a substantial interest in the decision of the agreed question. The procedure is intended to resolve a genuine controversy affecting their rights or liabilities.
3. Question fit for trial and decision - clause (c)
The agreed issue must be suitable for adjudication. If the statutory requirements are satisfied, the court records and tries the issue as it would an issue framed by the court itself.
Judgment and decree under Rule 7
After trying the agreed issue, the court states its finding or decision. It then pronounces judgment in accordance with the terms of the parties' agreement, and a decree follows that judgment. The court does not simply convert every private agreement into a decree without the prescribed inquiry and adjudication.
Illustrative example
Suppose parties to a property suit agree in writing that the court should decide whether a specified document establishes one party's entitlement to possession, and that delivery of the property will follow if the issue is decided in that party's favour. The court must first satisfy itself about the execution of the agreement, the parties' substantial interest and the fitness of the issue for decision. It can then try the issue and, depending on its finding, pronounce judgment according to the agreement.
Relationship with other CPC provisions
Order XIV Rule 1 deals with the framing of disputed issues generally. Rule 5 permits amendment or striking out of issues before decree. Rule 6 governs the written agreement on a question of fact or law. Rule 7 supplies the court's inquiry and judgment procedure for that agreed issue.
This mechanism should also be distinguished from a compromise of suit under Order XXIII Rule 3, which has its own requirements. The applicable procedural rules and any relevant local amendments should be checked for the court concerned.
Official legal sources
For the legislation and amendments, consult the Government of India's India Code portal and search for the Code of Civil Procedure, 1908 (Act 5 of 1908), First Schedule, Order XIV. The e-Gazette of India publishes official notifications and amendments.
This article explains the central CPC provision for general information. State amendments, High Court rules and case-specific facts may affect its application.