Code of Civil Procedure, 1908 | Order XXXVI

Order XXXVI Rule 3 CPC - Filing Agreement and Registration as Suit

Order XXXVI Rule 3 of the Code of Civil Procedure, 1908 explains how parties may submit an agreed special case to a competent civil court, how the application is registered as a suit, and who must receive notice.

Text of Order XXXVI Rule 3 - Agreement to be filed and registered as suit

(1) The agreement, if framed in accordance with the rules hereinbefore contained, may be filed with an application in the Court which would have jurisdiction to entertain a suit, the amount or value of the subject-matter of which is the same as the amount or value of the subject-matter of the agreement.

(2) The application when so filed, shall be numbered and registered as a suit between one or more of the parties claiming to be interested as plaintiff or plaintiffs, and the other or the others of them as defendant or defendants; and notice shall be given to all the parties to the agreement, other than the party or parties by whom the application was presented.

Meaning and legal requirements

Order XXXVI governs a special case: parties who agree on a question of fact or law may state it in writing for the court's opinion. Rule 3 sets out the procedural route for presenting that agreement to court. It does not itself confer jurisdiction on a court that otherwise lacks it.

1. Written agreement complying with the preceding rules

Under Order XXXVI Rule 1, the parties must set out the question and agreed consequences of the court's finding. Under Rule 2, where delivery of property or performance or restraint of an act is involved, the estimated value must be stated.

2. Filing before a court having jurisdiction

The agreement may be filed along with an application in a court competent to entertain a suit of the corresponding amount or subject-matter value. Territorial, pecuniary and subject-matter jurisdiction must be considered under the CPC and applicable local law. See the Code of Civil Procedure, 1908 on India Code.

3. Registration as a suit

Once filed in accordance with Rule 3, the application is numbered and registered as a suit. One or more interested parties are shown as plaintiffs, while the remaining parties are shown as defendants. The special-case procedure is therefore brought within the court's formal suit register.

4. Notice to the other parties

Notice must be given to every party to the agreement other than the applicant or applicants. This provides the other parties an opportunity to participate before the court considers the case.

Procedure under Order XXXVI at a glance

Identify a question of fact or law and prepare the written agreement required by Rule 1.
State the estimated value where Rule 2 applies.
File the agreement with an application in the competent court under Rule 3.
Have the application numbered and registered as a suit, with notice to non-applicant parties.
The court then considers jurisdiction and the requirements for hearing and disposal under Rule 4 and Rule 5.

Related provisions

Section 90 CPC provides the statutory basis for stating a case for the court's opinion, subject to the prescribed procedure. Order XXXVI Rules 1 to 6 prescribe the agreement, valuation, filing, jurisdiction, hearing and appeal-related consequences. Rule 6 addresses appeals from decrees passed under Rule 5.

Practical point: An agreement alone does not automatically become a court decree. The requirements of Order XXXVI, the court's jurisdiction, notice, and the subsequent hearing procedure remain relevant.

Official legislation and further reading

For the current central legislation and any amendments, consult the India Code - Code of Civil Procedure, 1908 and the Legislative Department, Government of India. State amendments and applicable court rules should also be checked where relevant.