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...