Bailabel Type : bailable

Description

Section 90 of the Code of Civil Procedure (CPC) empowers a party or a court to state a particular case or question for the opinion of the court. This is an important provision that allows for clarification or guidance from the court on certain matters that may arise during the proceedings of a case. Essentially, it allows the court or the parties involved in the litigation to seek the court's opinion on specific issues before proceeding further with the case.

Key Provisions of Section 90:

1. Power to State a Case for Opinion:

   • Section 90 allows any party to a suit or the court itself to state a case or question to the court for opinion.
   • This can happen when there are unclear legal issues or difficult questions of law that may require the court’s guidance before further progress in the case.
   • The case referred to the court for an opinion can be a specific legal issue or a factual question that requires the court's clarification.

2. Procedure:

   • A statement of the case is made in writing, and the parties involved in the case will submit it to the court.
   • The court will then provide its opinion based on the facts of the case and the applicable law. This opinion is binding on the matter under consideration but does not necessarily dispose of the entire case.
   • The case or question referred for the court’s opinion can be related to any aspect of the proceedings, be it procedural, substantive, or interpretation of the law.

3. Court's Role:

   • The court has the discretion to accept the case for its opinion or may decline if it feels that the matter does not require judicial intervention or is irrelevant to the dispute at hand.
   • Once the opinion is provided, the case proceeds based on the court’s interpretation or direction on the matter.

4. Importance of Section 90:

   • This provision is particularly valuable when parties face complex legal issues or ambiguities in the interpretation of law and need clarity before proceeding further with litigation.
   • It provides a mechanism to avoid unnecessary delays or wrong decisions in the case by addressing legal issues early in the proceedings.
   • This can help reduce the chances of appeals or challenges on legal grounds later in the case.

5. No Binding Decision on the Whole Case:

   • The opinion given under Section 90 applies only to the specific question posed to the court and does not constitute a final judgment on the case as a whole. Therefore, this process only helps clarify specific aspects of the legal dispute.
   • However, the opinion provided by the court will influence how the case progresses and the decisions that are made subsequently.

Punishment

Section 90 does not specifically prescribe punishments for its use or any particular violations. However, there are some important legal consequences related to how the case is handled:

1. Discretion of the Court:

   • If a party wrongly refers a case for the opinion of the court, or if the court decides that the matter is not fit for seeking an opinion, the court can dismiss the application for clarification.
   • There are no criminal consequences for referring a case under Section 90, but costs or penalties may be imposed for unnecessary or frivolous applications.

2. Impact on Case Progress:

   • Seeking an opinion from the court can lead to delays in the case as the matter is set aside for judicial consideration. If the question is not relevant or necessary, it may cause delays without contributing to the final resolution of the dispute.
   • Additionally, any unnecessary legal queries raised might be penalized with costs.

3. Effect on Appeals:

   • The court’s opinion, once provided, could impact future decisions in the case. If the opinion addresses critical issues in the dispute, any subsequent proceedings are likely to follow the court's interpretation.
   • Failure to follow the court's opinion might lead to adverse rulings or even appeals in higher courts, which may prolong the legal process.