Rule 1.
Power to state case for Court's opinion
(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, and providing that, upon the finding of the Court with respect to such question:
(a)a sum of money shall be paid by one of the parties to the other; or
(b)some property shall be delivered by one of the parties to the other; or
(c)one or more of the parties shall do, or abstain from doing, some other specified act.
Rule 3.
Agreement to be filed and numbered as suit
The agreement, if framed in accordance with the rules hereinbefore contained, shall be filed and numbered as an ordinary suit between one or more of the parties as plaintiff or plaintiffs, and the other or the others of them as defendant or defendants.
Rule 5.
Hearing and disposal of case
The case shall be set down for hearing as a suit instituted in the ordinary manner and the Court shall pronounce judgment thereon, and on the judgment so pronounced a decree shall follow.
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.
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.