Code
90. Power to state case for opinion of Court.—
Where any person 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.
Explanation of Section 90 CPC
Section 90 of the Code of Civil Procedure, 1908 provides a special procedure that allows parties to obtain the opinion of a court without filing a regular suit.
Under this provision, two or more persons who have a legal dispute may agree in writing to submit the matter directly to the court. Instead of initiating a conventional lawsuit, the parties can present the agreed facts and request the court to determine their rights or liabilities.
Therefore, Section 90 CPC offers a simplified method of resolving disputes where the parties agree on the facts but require a judicial decision on the legal issues involved.
Purpose of Section 90 CPC
The primary objective of Section 90 CPC is to provide a quicker and more efficient way of resolving legal disputes.
In many cases, parties do not disagree about the facts. Their dispute concerns only the legal consequences arising from those facts.
Rather than engaging in lengthy litigation, the parties can jointly approach the court and seek its opinion.
As a result, time, effort, and litigation costs can be significantly reduced.
Essential Requirements of Section 90 CPC
For Section 90 CPC to apply, certain conditions must be fulfilled.
Written Agreement Between the Parties
The parties must agree in writing to submit the matter to the court.
A verbal understanding is not sufficient.
Existence of a Legal Question
There must be a genuine legal issue requiring judicial determination.
The court’s opinion should help resolve the dispute between the parties.
Agreed Statement of Facts
Generally, the parties present the facts upon which they agree and seek the court’s decision regarding their legal rights and obligations.
Determination by the Court
Once the matter is presented, the court will hear and determine the case according to the prescribed procedure.
How Section 90 CPC Works
The process under Section 90 CPC is relatively straightforward.
First, the parties prepare a written agreement stating that they wish to submit a case for the court’s opinion.
Next, they place the agreed facts before the court.
The court then examines the legal issues arising from those facts and delivers its decision.
Consequently, the parties receive a binding judicial determination without undergoing a full-fledged trial.
Importance of Section 90 CPC
Section 90 CPC promotes judicial efficiency and encourages cooperative dispute resolution.
Instead of contesting every issue through adversarial proceedings, parties can jointly seek legal clarity from the court.
The provision also reduces the burden on courts by eliminating unnecessary factual disputes and focusing directly on the legal questions involved.
Therefore, Section 90 CPC serves as a useful mechanism for resolving disputes in a simple and cost-effective manner.
Illustration
Illustration 1
Two business partners disagree about the interpretation of a clause in their partnership agreement. They agree on all facts but differ on the legal effect of the clause.
Instead of filing a regular suit, they jointly submit the matter to the court under Section 90 CPC for its opinion.
Illustration 2
A landlord and tenant agree on the terms of a lease but dispute their legal rights after the expiry of the lease period.
Both parties submit the agreed facts to the court and seek a determination under Section 90 CPC.
Illustration 3
Two family members inherit property and agree on the facts surrounding the inheritance. However, they disagree about their respective legal shares.
They may jointly request the court’s opinion on their rights under Section 90 CPC.
Common Questions and Answers
1. What is the purpose of Section 90 CPC?
Answer:
Section 90 CPC allows parties to jointly submit a legal dispute to the court for its opinion without filing a regular civil suit.
2. Is a written agreement necessary under Section 90 CPC?
Answer:
Yes. The parties must agree in writing before submitting the case to the court.
3. Can Section 90 CPC be used when parties disagree on facts?
Answer:
Generally, Section 90 CPC is most useful when the parties agree on the facts but require a judicial determination of the legal issues.
4. What benefit does Section 90 CPC provide?
Answer:
It saves time, reduces litigation costs, and enables parties to obtain a judicial decision through a simplified procedure.
Conclusion
Section 90 CPC provides an efficient alternative to traditional litigation by allowing parties to jointly seek the court’s opinion on legal questions. When the facts are not in dispute, this provision helps avoid lengthy proceedings and promotes quicker resolution of disputes. By encouraging cooperation and reducing procedural complexity, Section 90 CPC contributes to the effective administration of civil justice.
