Agreed facts in a stated case do not exclude evidence; ordinary suit procedure applies after proper filing.

A case stated under the Civil Procedure Code must, once duly filed and the preliminary requirements are satisfied, proceed for hearing like an ordinary suit. The agreed statement of facts replaces pleadings, but it does not exclude evidence, and the parties remain entitled to prove their respective cases. The view that Order 36 prevented the court from receiving evidence and confined it to the recitals in the stated case was incorrect. On that basis, the dismissal of the special case was unsustainable, and the order and decree were set aside with remand to the District Court for disposal according to law.

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Issues: Whether a case stated under the Civil Procedure Code for the opinion of the Court could be decided only on the agreed statement of facts without permitting evidence, and whether the dismissal of the special case without following the trial procedure was lawful.

Analysis: Section 90 and Order 36 contemplate an agreement in writing stating the question for the Court's opinion, but once the agreement is duly filed and the preliminary requirements are satisfied, the case is to be set down for hearing as a suit instituted in the ordinary manner. The rules governing ordinary suits therefore apply, and the parties are entitled to establish their respective cases by evidence. The agreed statements take the place of pleadings, but they do not exclude proof of the facts stated. The view that Order 36 prevented the Court from taking evidence and required decision only on the recitals in the case stated was erroneous.

Conclusion: The dismissal of the special case was unsustainable. The order and decree were set aside and the matter was remanded to the District Court for disposal according to law.

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