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Showing posts with the label framing of issues

Arbitration - Framing of issues - Section 34 - Rules 1 of Order 14 of the Code of Civil Procedure

issues need not be framed in applications under section 34 of the Act Applications under section 34 of the Act are summary proceedings with provision for objections by the defendant/respondent, followed by an opportunity to the applicant to `prove' the existence of any ground under section 34(2). The applicant is permitted to file affidavits of his witnesses in proof. A corresponding opportunity is given to the defendant/respondent to place his evidence by affidavit. Where the case so warrants, the court permits cross-examination of the persons swearing to the affidavit. Thereafter, court hears arguments and/or receives written submissions and decides the matter. This is of course the routine procedure. Supreme Court of India Fiza Developers & Inter-Trade ... vs Amci (I) P.Ltd.& Anr on 27 July, 2009 Bench: R.V. Raveendran, B. Sudershan Reddy 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5139 OF 2009 (Arising out of SLP...