Section 90 of The Code of Civil Procedure, 1908 in hindi
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.
Summary
- Parties can agree in writing to present a specific situation for the court's formal opinion.
- This process allows the court to determine a question of fact or law outside of a standard contentious suit.
- The court will try and determine the case in a specific manner that is prescribed by the rules.
- This power helps resolve specific points of disagreement when parties are willing to cooperate on the statement of facts.
Practical examples
FAQ
1. What is a "special case" under Section 90 of The Code of Civil Procedure, 1908?
Under Section 90 of The Code of Civil Procedure, 1908, a special case is a situation where parties agree in writing to state a set of facts for the court's opinion.
2. Does the agreement for a court's opinion need to be in writing under Section 90 of The Code of Civil Procedure, 1908?
Yes, Section 90 of The Code of Civil Procedure, 1908, explicitly requires that the persons agree in writing to state the case.
3. How does the court decide a case presented under Section 90 of The Code of Civil Procedure, 1908?
The court tries and determines the case in the manner prescribed by the rules, as stated in Section 90 of The Code of Civil Procedure, 1908.
4. Can a single person ask for an opinion under Section 90 of The Code of Civil Procedure, 1908?
No, Section 90 of The Code of Civil Procedure, 1908, refers to "persons" agreeing together, implying that at least two parties must be involved in the agreement.
Test yourself
Q1.What is the primary requirement for parties to use Section 90 of The Code of Civil Procedure, 1908?
Q2.How does Section 90 of The Code of Civil Procedure, 1908, describe the court's action once a case is stated?
Q3.Under Section 90 of The Code of Civil Procedure, 1908, what can the court provide its opinion on?
Q4.Does Section 90 of The Code of Civil Procedure, 1908, require elements of a settlement like Section 89?