1172
No. 3 of 1901.
Application of Chapter VIII.
O. 34, r. 7.
Trial of questions of fact agreed upon between parties.
CODE OF CIVIL PROCEDURE.
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 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.
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.
O. 34, r. 9.
Agreement of parties for payment of money, etc., on decision of questions.
O. 34, r. 10.
H. K. Code, s. 88.
(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.
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
1172
No. 3 of 1901.
Application of Chapter
VIII.
O. 34, r. 7.
Trial of ques-
CODE OF CIVIL PROCEDURE.
same extent as such declaration would have been, if contain- ed 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 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 declara- tion.
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.
238.-(1) When the parties to any cause or matter are tions of fact 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.
agreed upon between parties.
O. 34, r. 9.
Agreement of parties for payment of
money, etc., on decision of 0.34, r. 10.
questions.
¡H. K. Code,
8. 88.
(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.
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
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