1186
No. 3 of 1901.
Judgment and execution on decision. O.34 r. 6.
Power for persons interested to concur in stating special case for opinion of the Court.
CODE OF CIVIL PROCEDURE.
fraining from doing or performing some particular act, the estimated value of the property to be delivered, or to which the act specified has reference, shall be stated in the agreement.
235. Upon the decision of the Court on such questions the judgment of the Court may be entered accordingly, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed or unless stayed on appeal.
236.—(1) It shall be lawful for persons interested or claiming to be interested in any question cognizable in the Court as to the construction of any Act of Parliament, Ordinance, will, deed, or other instrument in writing, or anything therein contained, or as to the title or evidence of title to any movable or immovable property contracted to be sold or otherwise dealt with, or as to the parties to or the form of any deed or instrument for carrying any such contract into effect, or as to any other matter falling within the equitable jurisdiction of the Court or made subject to the jurisdiction or authority of the Court by any enactment not being an Ordinance relating to bankruptcy, and including among such persons all lunatics, married women, and infants, to concur in stating such question in the form of a special case for the opinion of the Court, and it shall also be lawful for all trustees, executors, and administrators to concur in such case.
the Court, thereon. [13 & 14 Vict. c. 35 s. 1.]
[ib. s. 14.]
[ib. s. 15.]
(2) It shall be lawful for the Court, on the hearing of any such special case, to determine the questions raised therein or any of them, and by a judgment to declare its opinion thereon and, so far as the case admits of the same, upon the right involved therein, without proceeding to administer any relief consequent upon such declaration.
(3) Every such declaration of the Court contained in any such judgment shall have the same force and effect as such declaration would have had, and shall be binding to the same extent as such declaration would have been, if contained in a judgment given in an action between the same parties: Provided that if, on the hearing of any such special case, the Court is of opinion that the questions raised thereby or any of them cannot properly be decided upon such case, the Court may refuse to decide the same.
(4) Every trustee, executor, administrator, or other person making any payment or doing any act in conformity with the
* As amended by No. 2 of 1912.
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