Special Case ( Section 90)

Section 90: Power to state case for opinion of Court.—

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.


IMPORTANT CASE LAW

1. How should a Court deal with a case under Section 90

Nawabzada v. Nawabzada S.M. Ali Kabir Khan, AIR 1964 All 185: “…..when a Civil Court receives a special case under Sec. 90, C.P.C. read with Order XXXVI, C.P.C., it has to pronounce judgment and pass a decree.”


2. Duty of the Court laid down in this section

Minoo Kaikushru Belgamwala v. Maneck Marzban Kothawala, 1963 SCC OnLine Kar 52, AIR 1964 Mys 185: “Section 90 C.P.C. gives power to state a case for the opinion of the Court. 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. That means, if the persons agree in writing to state a case for the opinion of the court, the Court has to try and determine the same in the manner prescribed. Order 36 prescribes the manner of trial and determination of the case.”


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