Order XXXVI Rule 4 CPC - Parties to Be Subject to Court Jurisdiction
Order XXXVI Rule 4 of the Code of Civil Procedure, 1908 explains the legal consequences of filing a written agreement for a special case before a competent civil court.
Text of Order XXXVI Rule 4
Where the agreement has been filed, the parties to it shall be subject to the jurisdiction of the Court and shall be bound by the statements contained therein.
Meaning and legal effect
Under Order XXXVI, parties interested in the determination of a question of fact or law may set out that question in a written agreement for the opinion of the Court. This procedure is commonly described as a special case. Rule 4 operates after the agreement is filed in accordance with the preceding rules.
1. Parties become subject to the Court's jurisdiction
Once the agreement is filed under the prescribed procedure, the parties are subject to the jurisdiction of the Court for the special case. This provision must be read with Rule 3, which requires filing in a Court that would have jurisdiction over a suit of corresponding subject-matter and value. Rule 4 does not independently confer jurisdiction on a Court that otherwise lacks it.
2. Statements in the agreement bind the parties
The parties are bound by the statements recorded in the filed agreement. The agreed facts and terms therefore form the basis on which the Court considers the question submitted. The provision should not be understood as automatically validating an unlawful agreement or eliminating the Court's duty to examine the requirements of Order XXXVI.
3. Relationship with the other rules
Rule 1 provides for stating a question of fact or law in a written agreement. Rule 2 requires the estimated value to be stated in specified cases. Rule 3 governs filing, registration as a suit and notice. Rule 5 concerns hearing and disposal, while Rule 6 addresses appeals from a decree passed under Rule 5.
Practical illustration
Suppose two parties agree in writing to refer a defined legal question concerning an identified property to a competent Court and file their agreement under Order XXXVI. Under Rule 4, both parties become subject to the Court's jurisdiction in that proceeding and are bound by the statements contained in the filed agreement, subject to the applicable legal requirements.
Official legal reference
Consult the Code of Civil Procedure, 1908 on India Code for the statutory framework and relevant rules. State amendments, High Court rules and the circumstances of the case may also require consideration.
This article provides general legal information and is not a substitute for advice on the facts of an individual case.