Order XXXVI Rule 5: Hearing and disposal of case

(1) The case shall be set down for hearing as a suit instituted in the ordinary manner, and the provisions of this Code shall apply to such suits so far as the same are applicable. (2) Where the Court is satisfied, after examination of the parties or after taking such evidence as it thinks fit, (a) that the agreement was duly executed by them, (b) that they have a bona fide interest in the question stated therein, and (c) that the same is fit to be decided, it shall proceed to pronounce judgement thereon, in the same way as in an ordinary suit, and upon the judgement so pronounced a decree shall follow.

Effective date: 1909-01-01

Related sections