CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1187
declaration contained in any judgment given upon any such special case shall in all respects be as fully and effectually protected and indemnified by such declaration as if such payment had been made or act done under or in pursuance of the express order of the Court made in an action between the same parties, save only as to any rights or claims of any person in respect of matters not determined by such declaration.
237. This Chapter shall apply to every special case stated in a cause or matter, or in any proceeding incidental thereto, whether under this Code or otherwise.
CHAPTER IX.
ISSUES OF FACT WITHOUT PLEADINGS.
VIII. O.34 r. 7.
238.—(1) When the parties to any cause or matter are agreed as to the questions of fact to be decided between them, they may, after writ issued and before judgment, by consent and order of the Court, proceed to the trial of any such questions of fact without formal pleadings.
(2) Such questions may be stated for trial in an issue, and such issue may be entered for trial and tried in the same manner as any issue joined in an ordinary action, and the proceedings shall be under the control and jurisdiction of the Court in the same way as the proceedings in an action.
ib. r. 9.
239.—(1) In any such case the parties 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 fact stated in the issue,—
(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.
on decision of questions. ib. r. 10.
H. K. Code.
s. 88.
CODE OF CIVIL PROCedure.
No. 3 of 1901.
1187
declaration contained in any judgment given upon any such special case shall in all respects be as fully and effectually protected and indemnified by such declaration as if such payment had been made or act done under or in pursuance of the express order of the Court made in an action between the same parties, save only as to any rights or claims of any person in respect of matters not determined by such declaration.
237. This Chapter shall apply to every special case stated in a Application cause or matter, or in any proceeding incidental thereto, whether of Chapter under this Code or otherwise.
CHAPTER IX.
ISSUES OF FACT WITHOUT PLEADINGS.
VIII. 0.34 r. 7.
238.--(1) When the parties to any cause or matter are agreed as Trial of ques- to the questions of fact to be decided between them, they may, after tions of fact agreed upon writ issued and before judgment, by consent and order of the Court, between proceed to the trial of any such questions of fact without formal parties. pleadings.
(2) Such questions may be stated for trial in an issue, and such issue may be entered for trial and tried in the same manner as any issue joined in an ordinary action, and the proceedings shall be under the control and jurisdiction of the Court in the same way as the proceedings in an action.
ib. r. 9.
parties for money, etc.,
payment of
239.—(1) In any such case the parties may, if they think fit, Agreement of 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 fact stated in the issue,―
(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 agree- ment, 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 agree ment,
either with or without costs of the cause or matter or with the costs left to the discretion of the Court.
on decision of questions. ib. r. 10.
H. K. Code.
s. 88.
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