Order 26 — Special Case

(1) In course of the proceeding, parties may agree in stating the questions of law arising in their case in the form of a Special Case for the opinion of the Judge.

(2) Every such Special Case

1. Special Case by consent

(1) In course of the proceeding, parties may agree in stating the questions of law arising in their case in the form of a Special Case for the opinion of the Judge.

(2) Every such Special Case shall be divided into paragraphs numbered consecutively and shall concisely state such facts and documents as may be necessary to enable the Court to decide the questions.

(3) Upon the argument of such case, the Judge and the parties may refer to all the contents of such documents and the Judge may draw from the facts and documents stated in any such Special Case any inference, whether of fact or law, which might have been drawn from them if proved at a trial.

shall be divided into paragraphs numbered consecutively and shall concisely state such facts and documents as may be necessary to enable the Court to decide the questions.

(3) Upon the argument of such case, the Judge and the parties may refer to all the contents of such documents and the Judge may draw from the facts and documents stated in any such Special Case any inference, whether of fact or law, which might have been drawn from them if proved at a trial.

Where it appears to the Judge that there is in any cause or matter a question of law, which could be conveniently decided before any evidence is given or any question or issue of fact is tried, the Judge may make an Order accordingly and may raise such questions of law or direct them to be raised at the trial either by Special Case or in such other manner as the Judge may deem expedient and all such further proceedings as the decision on such question of law may render unnecessary may thereupon be stayed.

Every Special Case agreed pursuant to this Order shall be signed by the several parties or their Legal Practitioners and shall be filed by the Claimant or the person having conduct of the proceedings.

An application to set down a Special Case in any cause or matter to which a person under legal disability is a party shall be supported by sufficient evidence that the statements contained in such case, so far as the same affects the interest of such persons, are true.

(1) The parties to a Special Case may, if they think fit, enter into an agreement in writing which shall not be subject to any stamp duty, that on the Judgement of the Court being given in the affirmative or negative on the questions of law raised by the Special Case, a sum of money fixed by the parties or to be ascertained by the Court or in such manner as the Court may direct, shall be paid by one of the parties to the other of them, either with or without costs as the case may be.

(2) The Judgement of the Court may be entered for the sum so agreed or ascertained, with or without costs as the case may be, and execution may issue upon such Judgement forthwith, unless otherwise agreed or unless stayed on appeal.

This Order shall apply to every Special Case stated in a cause or matter and in any proceedings incidental thereto.