Special Case (Sec. 90, Order 36)
‘Special case’ is one where parties do not institute a suit by presentation of a plaint, but they, claiming to be interested in the decision of any question of fact or law, enter into an agreement stating such question in the form of a case for the purpose of obtaining the opinion of the court. Such suits are called “friendly suits”
Sec. 90 lays down that where any person agree in writing to state a case for the opinion of the court, then the court shall try and determine the same.
Order 36 lays down the procedure in this regard:
The agreement is to be filed in the court. It is numbered and registered as a suit between one party as plaintiff and the other as defendant. The case is then set down for hearing as a suit; it is then heard and a judgment pronounced in the same way as an ordinary suit, and a decree follows.
It may be noted that the following conditions must be satisfied before the court will hear a special case:
- Agreement duly executed by the parties,
- Parties have a bona fide interest in the question stated, and the case is fit to be decided (Rr. 1-5).
No appeal lies from a decree under 0rdee 36, as the decree will be in the nature of a compromise decree.
