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Legal Format & Draft

Agreement to State a Case for Court's Opinion

Reference draft used in Indian courts — replace the blanks with your own case details.

UNDER ORDER XXXVI RULES 1, 2, CPC
THIS AGREEMENT made at………………this………………day of………………20………… between A, son of B, resident of………………of the ONE PART and C Son of D resident of………………
WHEREAS
(1) There is a dispute between the parties hereto, full particulars of which have been stated in the Schedule hereunder written.
(2) The parties are interested in the decision of the following questions arising out of the said dispute viz.
(a)
(b)
(3)The estimated value of the property in dispute is Rs………………
(4) The parties have agreed that a case be stated for the opinion of the court under section 90 and Order XXXVI of the Code of Civil Procedure.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
(1) That the case stated in the Schedule hereunder written be referred to the court having jurisdiction for opinion on the questions hereinabove mentioned.
(2) That if the finding of the court on either of the above questions be in favour of the said A in respect of any sum of money in dispute in para 1 of the Schedule, then the said C shall pay to said A such sum of money as determined by the court.
IN WITNESS whereto, the parties hereto have set their hands to these presents on the date, month and year hereinabove written
Schedule
WITNESSES
1 Signed and delivered by A
.
2. Signed and delivered by C

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Civil Litigation team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our civil litigation team handles drafting, filing and arguments in Kolkata courts.

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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

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