THIS AGREEMENT made at ................on this ........day of ........................ between Sh........................., s/o Sh.....................r/o.................................. hereinafter referred to as " the Party of the First Part".
And
Sh. ..................,s/o..............................r/o .................................... hereinafter referred to as "the party of the Second Part" .
WHEREAS 1. There is a dispute between the parties, full particulars of which are stated in the Schedule to this deed;
2. The parties are interested in the decision of the following questions arising out of the dispute, viz.
(a)
(b)
(c) etc.,
3. The estimated value of the property in dispute (or, the estimated value of the act about the doing or refraining from doing the parties are in disagreement) is Rs.....................
4. The parties have agreed that a case be stated for the opinion of the court under Sec. 90 and Order XXXVI , Rules 1,2 of the Code of Civil Procedure, 1908;
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: (i) That the case as stated in the Schedule to this deed be referred to the court having jurisdiction for opinion on the questions as mentioned above;
(ii) That if the finding of the court on either of the above questions is in favour of "the Party of the First Part" in respect of any one or more of the matters mentioned in para1 of the schedule, then the Party of the Second Part shall pay to "the Party of the First Part" such sum in respect of such matters as is mentioned in para 2 of the schedule.
IN WITNESS WHEREOF, the parties hereunto have signed the agreement this..........................day of .................2010
Witness:
1. The Party of the First Part
2. The Party of the Second Part

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.

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.

Case Stated under Order Xxxvi Rule 1,2 C.P.C

Using this format

Related