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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 6 CPC: No appeal from a decree passed under rule 5

Bare Act text

[6. No appeal from a decree passed under rule 5.—No appeal shall lie from a decree passed under rule 5.]

Amendment notes

  1. Ins. by Act 104 of 1976, s. 83. (w.e.f. 1-2-1977).

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

No appeal lies from a decree passed under rule 5 of Order XXXVI, that is, a decree on a special case stated by agreement of the parties. This rule was inserted by the 1976 amendment.

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
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