Order XXXVI Rule 6 CPC - No Appeal from a Decree Passed under Rule 5

Order XXXVI Rule 6 of the Code of Civil Procedure, 1908 (CPC) expressly bars an appeal from a decree passed under Rule 5 in a special case submitted for the court's opinion.

Text of Order XXXVI Rule 6 CPC

Rule 6 was inserted by the Code of Civil Procedure (Amendment) Act, 1976 (Act 104 of 1976), with effect from 1 February 1977.

Meaning and legal effect

The words "no appeal shall lie" mean that the CPC does not provide an ordinary appeal against a decree made under Order XXXVI Rule 5. The bar is directed specifically at a decree passed through the special-case procedure, rather than every civil decree.

Decree: Section 2(2) CPC generally defines a decree as the formal expression of an adjudication conclusively determining the rights of the parties regarding all or any of the matters in controversy in the suit, subject to the statutory inclusions and exclusions.

How a special case reaches Rule 6

• Rule 1: Interested parties agree in writing to state a question of fact or law for the court's opinion, specifying the agreed consequences of its determination.
• Rule 2: The agreement states the estimated value where property delivery or performance or non-performance of an act is involved.
• Rule 3: The agreement may be filed with an application in the competent court; the application is registered as a suit and notice is given as prescribed.
• Rule 4: Parties become subject to the court's jurisdiction and bound by statements in the filed agreement.
• Rule 5: After the prescribed examination or evidence, the court must be satisfied about due execution, bona fide interest and fitness for decision before pronouncing judgment, followed by a decree.
• Rule 6: No appeal lies from the decree passed under Rule 5.

Relationship with Section 96 CPC

Section 96(1) CPC generally permits appeals from original decrees, save where otherwise expressly provided by the CPC or another applicable law. Order XXXVI Rule 6 is an express exception for decrees passed under Rule 5. Section 96(3) separately bars appeals from consent decrees; the two provisions should not be treated as identical.

Can a Rule 5 decree be challenged by another remedy?

Rule 6 expressly prohibits an appeal. It does not, by its wording alone, determine whether any distinct remedy such as review, revision or constitutional supervisory jurisdiction is available in a particular case. Each remedy has separate statutory or constitutional requirements and restrictions. Its availability must be assessed on the facts, including the nature of the alleged jurisdictional or procedural error.

Illustration

Two parties submit an agreed legal question as a special case under Order XXXVI. After verifying the agreement and the requirements of Rule 5, the court decides the question and passes a decree. Under Rule 6, neither party has an ordinary appeal against that Rule 5 decree merely because it disagrees with the decision.

Official legal references

For the complete text and amendment history, consult the Code of Civil Procedure, 1908 on India Code and the official CPC text (PDF). Relevant provisions include Order XXXVI Rules 1 to 6, Section 2(2) and Section 96.

Note: Court-specific procedural rules and applicable amendments should also be checked before taking legal action.