CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1185
case or in such other manner as the Court may deem expedient; and all such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed:
231. Every special case shall be prepared by the plaintiff and signed by the several parties or their counsel or solicitors, and shall be filed in the Registry by the plaintiff.
Preparation, signing, and filing of special case. O.34 r 3.
232.—(1) No special case in any cause or matter to which a married woman (not being a party thereto in respect of her separate property or of any separate right of action by or against her), infant, person under disability or person of unsound mind, not so found by inquisition, is a party shall be set down for argument without the leave of the Court.
Leave to set down special case where party under disability is a party.
(2) The application for such leave must be supported by sufficient evidence that the statements contained in such special case, so far as the same affect the interest of such married woman, infant or person of unsound mind, are true.
Ib r. 4.
233. Either party may enter a special case for argument by delivering to the Registrar a memorandum of entry, but subject to the provisions of the last section.
Entry of special case for argument ib. r. 5. form 23.
234: (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 judgment of the Court being given in the affirmative or negative of the questions of law raised by the special case,—
(a) 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; or
(b) some property, movable or immovable, specified in the agreement, shall be delivered by one of the parties to the other of them; or
(c) one or more of the parties shall do or perform, or shall refrain from doing or performing, some particular act specified in the agreement,
either with or without costs of the cause or matter or with the costs left to the discretion of the Court.
(2) Where the agreement is for the delivery of some property, movable or immovable, or for the doing or performing or the refraining from doing or performing some particular act specified in the agreement,
As amended by No. 50 of 1911.
Agreement of parties for payment of money, etc., on decision of special case ib, r. 6.
s. 88.