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Section 90: Power to state case for opinion of Court

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 89 All 158 Sections of Code of Civil Procedure Section 91

Legal Commentary & Landmark Judgments: Section 90

Section 90 empowers parties claiming to be interested in the decision of any question of fact or law to state a Special Case for the opinion of the court, obtaining a binding decree without formal adversarial trial.

  • Agreement on Special Case: Where any persons agree in writing to state a case for the opinion of the court, then the court shall try and determine the same in the manner prescribed.
  • Bona Fide Dispute Standard: Court must be satisfied that the agreement was duly executed and that the parties have a bona fide interest in the question stated.
  • Delivery of Binding Decree: Upon pronouncing its opinion, a regular decree follows which is executable under Order 36 CPC.
  • Cost & Time Saving Mechanism: Enables commercial parties to resolve pure questions of contract construction or title without lengthy trials.
Key Landmark Precedents:
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: The Supreme Court commended Section 90 and Order 36 as an under-utilized alternative dispute resolution tool for speedy judicial determination of agreed legal questions.
  • K.A. Ansari v. Indian Airlines Ltd., (2009) 2 SCC 164: Affirmed that decrees passed on a Special Case under Section 90 carry full judicial finality.
Courtroom Practice & Strategic Litigation Guidance:

Where both parties agree on the facts of a property title but differ on the interpretation of a will or deed, submit an agreed Special Case under Section 90 read with Order 36 for a binding ruling in a single hearing.

Section 89 All 158 Sections of Code of Civil Procedure Section 91