Description

Order 36 of the Civil Procedure Code (CPC) deals with the Special Case procedure. A special case is a procedure used when a party to a suit wants to submit specific issues or questions to the court for resolution, without going through the regular trial process. This procedure is typically used when there is a point of law or a specific matter that requires the court's decision, and it is agreed by both parties that the case can be resolved based on these legal issues alone.

Key Provisions of Order 36 CPC:

1. Rule 1 - Procedure in Special Case:

   • The court can allow a special case to be filed if the parties agree to submit the matter to the court for decision without going through the full trial.
   • A special case must present the material facts, the points of law involved, and the questions for the court’s decision.
   • The parties can agree to frame the issues that the court needs to resolve.

2. Rule 2 - Statement of the Case:

   • The plaintiff and the defendant (or parties involved) may agree to submit the case to the court by preparing a statement of facts and the legal issues they wish to have decided.
   • This statement must outline the facts, issues, and the questions of law that require the court's decision.

3. Rule 3 - Hearing and Decision:

   • After the statement of the case is filed, the court will hear the matter and provide its decision based on the facts and the legal issues presented.
   • The court will examine the material facts and interpret the law to provide a judgment on the specific question(s) submitted by the parties.

4. Rule 4 - Judgment:

   • The court will pass a judgment that resolves the points of law or issues submitted in the special case.
   • The court's judgment is binding on the parties and concludes the matter unless the judgment is appealed.

5. Rule 5 - No Suit for Further Relief:

   • Once a judgment is passed in a special case, the parties cannot file a separate suit for any further relief on the same issue. The decision is final, and no further legal action can be taken unless an appeal is filed.

6. Rule 6 - Power to Refer Issues to the Court:

   • If there is a dispute over specific facts or legal points, the parties can refer those issues to the court in a special case for a decision. The court will then resolve the dispute based on the agreed facts and legal questions.

7. Rule 7 - Costs of the Special Case:

   • The court has the discretion to award costs of the special case procedure. The parties may be ordered to pay costs based on the outcome of the decision.

Punishment

Order 36 does not specifically deal with punishments in the traditional sense, as it primarily provides a framework for resolving specific legal issues through a special case procedure. However, certain consequences may arise under this order:

1. Costs:

   • If a party fails to cooperate in submitting the case as agreed or causes unnecessary delays, they may be ordered to pay the costs of the special case.

2. Contempt of Court:

   • If a party refuses to follow the court's directions or disregards the judgment passed in the special case, they may be held in contempt of court, which could lead to fines or imprisonment.

3. Inability to Re-litigate:

   • After the special case has been decided, no further action can be taken on the same issue unless the judgment is appealed. If a party tries to reopen the matter or re-litigate the same issue, they could face legal penalties.

4. Failure to Submit a Special Case Properly:

   • If a party submits a deficient or incomplete statement of the case, they may face penalties or be required to pay for additional court costs due to procedural errors.