cpc and arbitration
rajendra
(Querist) 26 June 2011
This query is : Resolved
Ignoring arbitration clause in a contract, A party institute a suit for specific performence of the said contract before a civil court and the said suit is dismissed during stage of evidence for default. The defendant though raise objection regarding maintainability, no order under section 8 of the ARbitration act is passed. Later again the plaintiff intends to invoke arbitration clause and files section 9 accplication. In this back ground, will section 12 read with order 23 rule 1(4) of cpc will come into play ? Plaintiff having abondened his claim in the suit and allowed the suit to be dismissed for default be allowed to agitate his claim again through arbitration ? Any supporting citations in this regard ?
H. S. Thukral
(Expert) 26 June 2011
Was there an agreement to refer the issue of specific performance to the Arbitrator ? If yes then the suit before the civil court was barred due to arbitration clause. Civil Court had no jurisdcition to try the same. A Party can invoke the arbitration clause if it is not time barred.
prabhakar singh
(Expert) 26 June 2011
In this back ground, will section 12 read with order 23 rule 1(4) of cpc will come into play ?
i do not opine it applies here.
H. S. Thukral
(Expert) 26 June 2011
No. Even Arbitrator can decide the issue of specific performance.
