Order XXXVI: Special Case

Code of Civil Procedure • First Schedule Official Statutory Text & Practice Guide

Statutory Civil Practice
Mandatory Procedure
Competent Civil Court
First Schedule

Legal Commentary & Landmark Judgments: Order 36

Order XXXVI prescribes the procedure for stating a Special Case for the opinion of the court under Section 90, enabling parties to obtain a binding decree on agreed questions of law or fact without an adversarial trial.

  • Agreement to State Case [R. 1]: Parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a case for the opinion of the court.
  • Delivery of Res or Money [R. 2]: Agreement may provide that upon the finding of the court: a sum of money shall be paid, or property delivered, or an act done or refrained from.
  • Plaint Registration [R. 3]: Case is numbered and registered as a regular civil suit.
  • Hearing and Decree [R. 5]: Court hears the case as a regular suit; if satisfied that agreement was bona fide and parties have interest, it pronounces judgment upon which a decree follows.
Key Landmark Precedents:
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: The Supreme Court highlighted Order 36 as an expeditious procedure enabling commercial and property litigants to resolve construction disputes without recording oral evidence.
  • K.A. Ansari v. Indian Airlines Ltd., (2009) 2 SCC 164: Affirmed that decrees passed on a Special Case under Order 36 are final and binding decrees under Section 2(2).
Courtroom Practice & Strategic Litigation Guidance:

In complex commercial contracts with disputed interpretation clauses, agree with opposing counsel to state a Special Case under Order 36; this secures a binding judicial decree in a single summary hearing.