Section 90 of the Code of Civil Procedure, 1908, empowers individuals to seek the court’s opinion on specific legal questions by mutual agreement. This provision facilitates the resolution of legal ambiguities without initiating a traditional lawsuit, promoting judicial efficiency and clarity in legal relationships.
MEANING, DEFINITION & EXPLANATION
Section 90 states: “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.” This means that parties with a vested interest in a legal question can jointly present a case to the court, seeking its authoritative opinion. Such an agreement must be in writing, and upon submission, the court is obligated to adjudicate the matter as per the prescribed procedures.
HISTORICAL BACKGROUND / EVOLUTION
The concept of stating a case for the court’s opinion has its roots in English law, where parties could present a special case to obtain a judicial decision on agreed-upon facts. This mechanism was incorporated into Indian law through the CPC, 1908, aiming to provide a streamlined process for parties to resolve legal questions without the complexities of a full trial.
LEGAL PROVISIONS / PROCEDURE / SPECIFICATIONS / CRITERIA
The procedure for invoking Section 90 is elaborated in Order XXXVI of the CPC, titled “Special Case.” Key provisions include:
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Agreement in Writing:
Parties interested in a legal question must enter into a written agreement stating the question in the form of a case for the court’s opinion. -
Content of the Agreement:
The agreement should specify the question of law or fact and may include terms such as:- A sum of money to be paid by one party to another.
- Delivery of specific movable or immovable property.
- Performance or abstention from a particular act by one or more parties.
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Filing and Registration:
The case, upon filing, is numbered and registered as a suit, with parties designated as plaintiffs or defendants accordingly. -
Notice:
All parties to the agreement must be notified of the proceedings. -
Hearing and Determination:
The court hears and determines the case in a summary manner, based on the agreed facts, and pronounces judgment accordingly. -
Decree:
Following the judgment, a decree is drawn up and enforced as in regular suits.
ESSENTIALS / ELEMENTS / PRE-REQUISITES
For a valid special case under Section 90, the following essentials must be satisfied:
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Written Agreement:
The parties must have a written agreement outlining the legal question for the court’s opinion. -
Bonafide Interest:
The parties should have a genuine interest in the determination of the question posed. -
Justiciable Question:
The question presented must be appropriate for judicial determination and not hypothetical or academic. -
Compliance with Prescribed Procedure:
The process outlined in Order XXXVI must be strictly followed to ensure the court’s jurisdiction is properly invoked.
CASE LAWS / PRECEDENTS / INTERPRETATIONS
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Nawabzada v. Nawabzada S.M. Ali Kabir Khan, AIR 1964 All 185:
- Facts: Parties entered into a written agreement to state a case for the court’s opinion under Section 90.
- Issue: Whether the court is required to pronounce judgment and pass a decree in such cases.
- Held: The Allahabad High Court held that when a civil court receives a special case under Section 90 read with Order XXXVI, it must pronounce judgment and pass a decree.
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Minoo Kaikushru Belgamwala v. Maneck Marzban Kothawala, AIR 1964 Mys 185:
- Facts: Parties sought the court’s opinion on a legal question through a written agreement.
- Issue: The duty of the court under Section 90.
- Held: The Mysore High Court emphasized that Section 90 empowers the court to try and determine the case in the manner prescribed, referring to the procedures in Order XXXVI.
COMPARISON WITH OTHER COUNTRIES
In English law, the procedure of stating a special case allows parties to obtain a court’s decision on agreed facts without a full trial. This mechanism has influenced similar provisions in jurisdictions like India, where Section 90 of the CPC serves a comparable purpose. However, the specific procedures and applications may vary based on local legal frameworks and judicial interpretations.
DOCTRINES / THEORIES
The doctrine underlying Section 90 is that of “consensus ad idem”, meaning mutual agreement on the same thing. This ensures that all parties have a clear and shared understanding of the legal question presented, facilitating an efficient and binding resolution by the court.
MAXIMS / PRINCIPLES
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“Actus Curiae Neminem Gravabit”: An act of the court shall prejudice no one. This principle ensures that the court’s intervention under Section 90 does not unfairly disadvantage any party.
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“Consensus Facit Legem”: Consent makes the law. The mutual agreement of parties to state a case for the court’s opinion gives legal validity to the proceedings under Section 90.
AMENDMENTS / ADDITIONS / REPEALING
As of now, there have been no significant amendments to Section 90 of the CPC. The provision continues to function as originally enacted, providing a mechanism for parties to seek judicial determination on agreed legal questions.
CRITICISM / APPRECIATION
Appreciation:
- Efficiency: Section 90 offers a streamlined process for resolving legal questions without the need for a full-fledged trial.
