Free Case Stated Order XXXVI Rule 1,2 CPC PDF Template India

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Case Stated Under Order XXXVI, Rules 1, 2 C.P.C. Format

Need a reliable Case Stated Under Order XXXVI, Rules 1, 2 C.P.C. Format to resolve legal disputes efficiently without a full trial? Our ready-to-use legal template simplifies the process under the Code of Civil Procedure (C.P.C.), 1908, in India.

What is a Case Stated Under Order XXXVI, Rules 1, 2 C.P.C.?

A Case Stated under Order XXXVI, Rules 1 and 2 C.P.C. is a special procedure in Indian civil litigation where parties agree on undisputed facts and submit specific questions of law to the court for its opinion. This avoids lengthy trials, reduces costs, and speeds up resolutions. Rule 1 allows parties to agree on a case statement, while Rule 2 outlines the court's powers to frame issues or deliver judgment. It's ideal for matters like property disputes, contractual interpretations, or statutory compliance where facts are clear but law is contested.

Why is Case Stated Under Order XXXVI, Rules 1, 2 C.P.C. Format Important?

Using a proper Case Stated Under Order XXXVI, Rules 1, 2 C.P.C. Format ensures compliance with court requirements, preventing rejections or delays. It promotes judicial efficiency, as courts appreciate concise submissions. In India, this mechanism is crucial for high courts and district courts handling civil suits, helping litigants obtain binding opinions or judgments without evidence recording. Key benefits include cost savings (up to 70% less than full trials), faster disposal (months instead of years), and enforceability as a decree.

Key Elements of Case Stated Under Order XXXVI, Rules 1, 2 C.P.C. Format

A standard Case Stated Under Order XXXVI, Rules 1, 2 C.P.C. Sample includes:

Title and Court Details: Jurisdiction, suit number, and parties' names.
Agreement Clause: Statement that parties agree on facts and seek court's opinion.
Statement of Facts: Chronological, undisputed facts supported by documents.
Questions of Law: Precise issues framed for adjudication (e.g., "Whether the plaintiff is entitled to specific performance?")
Documents Annexed: Relevant agreements, deeds, or proofs.
Prayer: Relief sought based on court's opinion.
Verification: Signed by parties or pleaders.
Affidavit: Optional but recommended for authenticity.

This customizable legal template in PDF/Word format covers all essentials for Indian courts.

Who Should Use Case Stated Under Order XXXVI, Rules 1, 2 C.P.C. Format?

Businesses resolving contract disputes.
Property owners in partition or inheritance cases.
Partners in partnership dissolutions.
Litigants in declaratory suits under Section 34, Specific Relief Act.
Advocates representing clients in civil matters across India.

Common use cases: Tax assessments, tenancy rights, or probate issues where facts align but interpretations differ.

Download Your Case Stated Under Order XXXVI, Rules 1, 2 C.P.C. Format Today!

Get instant access to our professional Case Stated Under Order XXXVI, Rules 1, 2 C.P.C. Format – free download available for preview, with premium customizable options in Word/PDF. Tailor it using AI tools or legal experts for your specific needs. Ready to use, editable, and compliant with Indian legal standards.

Important Note

While this Case Stated Under Order XXXVI, Rules 1, 2 C.P.C. legal template is designed for convenience, it's not a substitute for professional legal advice. Consult a qualified lawyer to customize it for your case. Explore related templates like Plaint Format, Written Statement Sample, or Affidavit under C.P.C. for comprehensive litigation support in India.

CASE STATED UNDER ORDER XXXVI, RULES 1, 2 C.P.C.

Case stated under order xxxvi, Rules 1, 2 C.P.C.

THIS AGREEMENT made at ................on this ........day of ........................ between Sh........................., s/o Sh.....................r/o.................................. hereinafter referred to as " the Party of the First Part".

And

Sh. ..................,s/o..............................r/o .................................... hereinafter referred to as "the party of the Second Part" .

WHEREAS

1. There is a dispute between the parties, full particulars of which are stated in the Schedule to this deed;

2. The parties are interested in the decision of the following questions arising out of the dispute, viz.

(a)

(b)

3. The estimated value of the property in dispute (or, the estimated value of the act about the doing or refraining from doing the parties are in disagreement) is Rs.....................

4. The parties have agreed that a case be stated for the opinion of the court under Sec. 90 and Order XXXVI , Rules 1,2 of the Code of Civil Procedure, 1908;

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

(i) That the case as stated in the Schedule to this deed be referred to the court having jurisdiction for opinion on the questions as mentioned above;

(ii) That if the finding of the court on either of the above questions is in favour of "the Party of the First Part" in respect of any one or more of the matters mentioned in para1 of the schedule, then the Party of the Second Part shall pay to "the Party of the First Part" such sum in respect of such matters as is mentioned in para 2 of the schedule.

IN WITNESS WHEREOF, the parties hereunto have signed the agreement this..........................day of .................2010

Witness:

1.	The Party of the First Part
2.	The Party of the Second Part

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Important Guidelines

Guidelines for Drafting Case Stated under Order XXXVI, Rules 1, 2 CPC:

A Case Stated under Order XXXVI, Rules 1, 2 of the Code of Civil Procedure (CPC) is used when a court refers a question of law for the opinion of a higher court. This procedure is often employed to seek clarification on legal issues arising during the trial. Follow these guidelines for effective drafting:

Clearly Identify the Question of Law: Clearly state the precise legal question or questions that the court is required to answer. Be specific and avoid ambiguity in formulating the legal issue.

Provide Relevant Background: Present a concise background of the case, highlighting the facts leading to the question of law. Contextualize the legal query within the specific circumstances of the case.

Refer Applicable Legal Provisions: Cite the relevant statutes, case laws, and legal provisions applicable to the question at hand. This helps in framing the issue within the existing legal framework.

Concise and Well-Structured Drafting: Ensure the document is clear, concise, and well-structured. Organize the information logically to facilitate a better understanding of the legal question.

Common Mistakes to Avoid:

Ambiguous Legal Queries: Avoid formulating ambiguous or convoluted legal questions. Clearly articulate the specific issue for which guidance is sought.

Excessive Background Details: While providing background information is essential, avoid unnecessary details that do not directly contribute to understanding the legal issue.

Failure to Cite Legal Authorities: Ensure all relevant legal authorities are cited. Failure to do so may result in a lack of clarity on the legal principles underpinning the question.

Neglecting Clarity in Language: Use clear and unambiguous language. Ambiguity in the drafting may lead to confusion and hinder the higher court's ability to provide a precise opinion.

By adhering to these guidelines and avoiding common mistakes, you can draft a comprehensive Case Stated under Order XXXVI, Rules 1, 2 CPC, seeking the higher court's opinion on specific questions of law arising in the course of a civil proceeding.

Frequently asked questions

What is a Case Stated under Order XXXVI, Rules 1, 2 CPC?→

A Case Stated is a legal document under the Code of Civil Procedure (CPC) in India where parties agree on facts and seek the court's ruling on a specific question of law, avoiding a full trial.

Is this Case Stated template legally valid in Indian courts?→

Yes, this template adheres to Order XXXVI Rules 1 & 2 CPC and is valid for use in civil courts across India, but verify with local court rules.

Do I need to pay stamp duty for filing a Case Stated under CPC?→

Stamp duty is generally applicable as per state laws in India for plaints; it's nominal. Check the Indian Stamp Act or consult a lawyer for your jurisdiction.

Can I customize and edit this Case Stated agreement?→

Yes, the downloadable Word and PDF formats are fully customizable. Tailor the facts, parties, and legal questions to your specific case in India.

When and who should use a Case Stated under Order XXXVI CPC?→

Parties in a civil dispute in India should use it when facts are undisputed but a pure question of law needs court determination for quick resolution.

What format is available for downloading the Case Stated document?→

Download the Case Stated under Order XXXVI CPC in editable Microsoft Word (.docx) or print-ready PDF formats for convenience.