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THE FIRST SCHEDULE · ORDER XXXVI SPECIAL CASE

Order XXXVI Rule 3: Agreement to be filed and registered as suit

The Code of Civil Procedure, 1908

(1) The agreement, if framed in accordance with the rules hereinbefore contained, may be filed 1[with an application] in the Court which would have jurisdiction to entertain a suit, the amount or value of the subject-matter of which is the same as the amount or value of the subject-matter of the agreement.

(2) 2[The application] when so filed, shall be numbered and registered as a suit between one or more of the parties claiming to be interested as plaintiff or plaintiffs, and the other or the others of them as defendant or defendants; and notice shall be given to all the parties to the agreement, other than the party or parties by whom 3[the application was presented.]

Footnotes in the official text

  1. 1.Ins. by Act 104 of 1976, s. 83 (w.e.f. 1-2-1977).
  2. 2.Subs. by s. 83, ibid., for “The agreement” (w.e.f. 1-2-1977).
  3. 3.Subs. by s. 83, ibid., for “it was presented” (w.e.f. 1-2.1977).

Questions on this rule

1 question in 6 of our papers cite Order XXXVI Rule 3.

Practise questions on Civil Procedure Code