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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXXVI: Special Case

Order XXXVI Rule 4 CPC: Parties to be subject to Court's jurisdiction

Bare Act text

4. Parties to be subject to Court’s jurisdiction.—Where the agreement has been filed, the parties to it shall be subject to the jurisdiction of the Court and shall be bound by the statements contained therein.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Once an agreement stating a case for the Court's opinion has been filed, the parties to it become subject to the jurisdiction of the Court and are bound by the statements contained in it.

Order XXXVI: Special Case

  1. 1 Power to state case for Court’s opinion
  2. 2 Where value of subject-matter must be stated
  3. 3 Agreement to be filed and registered as suit
  4. 4 Parties to be subject to Court's jurisdiction
  5. 5 Hearing and disposal of case
  6. 6 No appeal from a decree passed under rule 5