Order XXXVI Rule 1 CPC: Power to State a Case for the Court's Opinion
Order 36 Rule 1 of the Code of Civil Procedure, 1908 (CPC) permits parties interested in a question of fact or law to agree in writing to place a specially stated case before a competent civil court for its determination, subject to the procedure prescribed by Order XXXVI.
Meaning and purpose of Order XXXVI Rule 1
A special case is a written statement of an agreed question and the material facts submitted for the court's decision. Unlike an ordinary dispute initiated through a plaint, the parties first identify the question for determination and agree what consequence will follow the court's finding. Rule 1 specifies what the agreement must contain; Rules 2 to 5 govern valuation, filing, jurisdiction, and adjudication.
Legal provisions under Rule 1
Rule 1(1): Written agreement and consequences
Parties who claim an interest in deciding a question of fact or law may set out that question in a written agreement as a case for the court's opinion. Their agreement must provide for one or more of the following consequences of the finding:
- Payment of money: a specified sum, or a sum to be determined by the court, is payable by one party to another.
- Delivery of property: movable or immovable property identified in the agreement is to be delivered by one party to another.
- Performance or abstention: one or more parties must perform, or refrain from performing, a particular act identified in the agreement.
Rule 1(2): Form and particulars
The stated case must be arranged in consecutively numbered paragraphs and must concisely set out the relevant facts and identify the documents needed for the court to decide the question.
The complete statutory wording is available in the official CPC text published on India Code.
Essential requirements
- The parties must claim a genuine interest in a particular question of fact or law.
- The question and the agreed consequences of the court's finding must be recorded in writing.
- The case must present the relevant facts in consecutively numbered paragraphs and identify necessary documents.
- The parties must also comply with the applicable requirements of the remaining rules of Order XXXVI before the court can dispose of the case.
How the special-case procedure works
- Prepare the agreement: identify the question, supporting facts, documents, and agreed consequences under Rule 1.
- State the value: where the case concerns delivery of property or an act or omission, Rule 2 requires the estimated value to be stated.
- File in the competent court: Rule 3 permits the agreement to be filed with an application in a court having the requisite jurisdiction; the application is registered as a suit and notice is issued as prescribed.
- Submit to jurisdiction: under Rule 4, parties to the filed agreement are bound by its statements and subject to the court's jurisdiction.
- Obtain a decision: under Rule 5, the court examines whether the agreement was duly executed, the parties have a bona fide interest, and the question is fit for decision. If satisfied, it pronounces judgment and a decree follows.
Appeal: Rule 6 states that no appeal lies from a decree passed under Rule 5. This is a specific statutory restriction; any question concerning other remedies depends on the applicable law and circumstances.
Illustrative example
Two parties disagree about the legal effect of a written property agreement. They may jointly frame the precise question for the court and specify that, depending on its finding, identified property will be delivered or a stated payment made. Their agreement must contain the necessary facts and documents, and the court must still be competent to entertain and decide the special case.
Important distinction
Rule 1 does not itself authorize a court to give an abstract advisory opinion to anyone who asks. It provides a structured procedure involving interested parties, a written agreement, identified consequences, and the safeguards in the remaining rules of Order XXXVI. Court jurisdiction and any applicable state amendments or procedural rules should be checked for the particular proceeding.
Official legal reference
India Code - Code of Civil Procedure, 1908 (Act 5 of 1908). See the First Schedule, Order XXXVI, Rules 1 to 6.