Order XXXVI Rule 2 CPC - Where Value of Subject Matter Must Be Stated
Order 36 Rule 2 of the Code of Civil Procedure, 1908 requires the parties to specify the estimated value of the property or act concerned when they submit a special case for the Court's opinion under Order XXXVI.
Text of Order XXXVI Rule 2 CPC
2. Where value of subject-matter must be stated. - Where the agreement is for the delivery of any property, or for the doing, or the refraining from doing, any particular act, the estimated value of the property to be delivered, or to which the act specified has reference, shall be stated in the agreement.
Meaning and scope of Rule 2
Order XXXVI provides a procedure known as a special case, in which interested parties agree in writing to submit a defined question of fact or law for the Court's opinion. Rule 2 addresses valuation in that written agreement. It applies where the agreed consequence involves delivery of property, performance of a particular act, or refraining from a particular act.
The rule requires an estimated value to be stated in the agreement itself. For a property-delivery obligation, this is the estimated value of the property. For an obligation to do or refrain from doing an act, it is the estimated value of the property to which that act relates.
When must the estimated value be stated?
- Delivery of property: If the parties agree that movable or immovable property will be delivered depending on the Court's decision, the agreement must state its estimated value.
- Doing an act: If the outcome requires a party to perform a specified act, the agreement must state the estimated value of the property to which that act refers.
- Refraining from an act: The same requirement applies if a party agrees not to undertake a specified act affecting property.
Why is valuation important?
The stated value helps identify the financial subject matter of the special case. It is particularly relevant to Order XXXVI Rule 3, which provides for filing the agreement in a Court having jurisdiction over a suit of the same amount or value. Stating a value does not by itself establish jurisdiction; the Court must still have jurisdiction under applicable law.
Related provisions of the CPC
Section 90 CPC - Power to state case for opinion of Court: Where persons agree in writing to state a case for the opinion of the Court, the Court shall try and determine it in the manner prescribed.
Order XXXVI Rule 1: Allows interested parties to set out a question of fact or law in a written agreement and specify the consequences of the Court's finding.
Order XXXVI Rule 3: Provides for filing the agreement with an application before the Court having jurisdiction and for registration as a suit.
Order XXXVI Rules 4 and 5: Address the parties' submission to the Court's jurisdiction and the hearing, judgment and decree in a special case.
Order XXXVI Rule 6: Provides that no appeal lies from a decree passed under Rule 5.
Illustrative example
Suppose two parties disagree about the obligation to transfer specified equipment and agree to refer a defined legal question to the Court under Order XXXVI. Their written agreement should identify the equipment and state its estimated value. This example is illustrative only; the agreement must also satisfy the other requirements of Order XXXVI and the Court must have jurisdiction.
Official legal reference
Read the Code of Civil Procedure, 1908 on India Code (official PDF), including Section 90 and Order XXXVI, Rules 1 to 6. The India Code legislation record also provides the Act details. Check any applicable State amendments and local court rules before relying on the procedure in a particular jurisdiction.
Legal note: This article explains the central CPC provision for general information and does not replace advice on the facts of a particular case.