ORDER XXXIV

1THE SUPREME COURT RULES, 1978 1THE SUPREME COURT RULES, 1978. PART V ORDER XXXIV--------------------------SPECIAL CASE. 1 (1) Parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a case for the opinion of the Court, and providing that, upon the finding of the Court with respect to such question--- (a) a sum of money fixed by the parties or to be determined by the Court shall be delivered by one of parties to the other of them; or (b) some property, movable or immovable, specified in the agreement, shall be delivered by one of parties to the other of them; or (c) one or more of the parties shall do, or refrain from doing, some other particular act specified in the agreement. (2) Every case stated under this rule shall be divided into consecutively numbered paragraphs, and shall concisely state such facts and specify such documents as may be necessary to enable the Court to decide the question raised thereby. 2 (1) The agreement, if framed in accordance with the rules herein before contained, may be filed in the Court. (2) The agreement, when so filed, shall be numbered an, registered as a suit between one or more of the parties. 3, (1) The case shall be set down for hearing as a suit instituted in the ordinary manner, and the provisions of the Code shall apply to such suits so far as the same are applicable. (2) Where the Court is satisfied, after examination of the parties or after taking such evidence as it thinks fit-- (a) that the agreement was duly executed by them; (b) that they have a bona fide interest in the question stated therein; and (c) that the same is fit to be decided; It shall proceed to pronounce judgment thereon in the same way as in an ordinary suit.