Section 90 — Power to state case for opinion of Court
Sometimes the facts are not in dispute — only the law is. Section 90 lets parties who agree in writing put an agreed “case” to the court for its opinion, and the court must try and determine it — a short-cut to a decision without a full contested trial.
How to read Section 90
What it is
Parties who agree in writing may state a case — agreed facts and the question on which they want the court’s decision — instead of fighting a full trial.
The court must decide
Once they so agree, the court shall try and determine the stated case — it is bound to give its decision.
By the prescribed rules
The mechanics — the form of the case, the parties, the judgment — follow the prescribed procedure in Order XXXVI.
The bare Act
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.
Section 90 stands as in the original 1908 Code — unamended. The procedure for a special case is in Order XXXVI.
Key terms decoded
An agreed statement of facts (and the question arising on them) which the parties put to the court for decision — without leading evidence in a full trial.
The foundation: all the persons concerned must consent, in writing, to state the case. Without that written agreement, § 90 does not apply.
To frame the agreed facts and the question — usually of law — on which the court’s opinion / decision is sought.
The court is bound to hear and decide the stated case — “shall”, not “may”.
According to the rules — Order XXXVI — which govern how a special case is framed, registered and decided.
The rules that work § 90 — the form of the agreed case, who must join, and the effect of the court’s decision on it.
The picture — an agreed question, a binding answer
Where only a point divides the parties and the facts are agreed, § 90 offers a clean route — a written agreement to state the case, and a court bound to determine it.
Section 90, part by part
Connected provisions
Section 90 is the special-case node of Part V — Special Proceedings (§§ 89–93). It offers an agreed-question route to a decision; the detailed procedure is in Order XXXVI. It follows settlement-outside-court (§ 89) and precedes public nuisances (§ 91).