Santa Singh v Avtar Singh (Civil Suit No. 1178 of 1952)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Where parties agree to refer a matter to arbitration after a suit has been stood over generally, the proper procedure to obtain a court order implementing the arbitration reference is by motion under Order 50, rule 1 of the Civil Procedure (Revised) Rules 1948. A formal motion is appropriate when the case is standing over generally, though the court may dispense with it when the agreement is made during hearing.
Outcome
Arbitration reference to be implemented by court order
Facts
A civil suit was taken out of the hearing list and stood over generally on 23 June 1954 by agreement of the parties to arbitrate their dispute. An arbitration reference was prepared and signed by the parties. The plaintiff brought a motion seeking a court order to implement the reference. The defendant objected that such a motion was unnecessary and incompetent, though he agreed the matter had to be dealt with in open court.
Issues
- Whether a motion is the proper procedure to obtain a court order implementing an arbitration reference where parties agreed to arbitrate after a suit was stood over generally.
Orders
- Motion allowed.
- Court to implement the arbitration reference by order.
Rules and key headnotes
Legislation cited (1)
- Civil Procedure (Revised) Rules 1948 Order 50 rule 1
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.