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Report No. 76

5.9. Present section narrower than English law.-

It would thus appear, that the provision as to remission in the Civil Procedure Code was narrow as is the present section, while in the Arbitration Act, 1899,1 the provision was wide as in the English Act.2 The notes to clause 16 to the Bill of 1939 merely state that clause 16 deals with the court's powers to remit an award for re-consideration, and sub-clause (1) repeats (without change) paragraph 14 of the Second Schedule to the Code, and the remaining sub-clauses reproduce the substance of the first sentence of paragraph 15(1) of the Code.

The notes do not contain any discussion as to why the wider provision in the Indian Arbitration Act of 1899 was not adopted. The difference between the Act of 1899 and the Code of Civil Procedure, 1908, has been judicially noted.3 Under the wider provision in the Indian Arbitration Act, 1899, courts generally exercised their discretion on the same grounds as in England.4

1. Para. 5.8, supra.

2. Section 22, Arbitration Act, 1950 (English).

3. Aboobaker v. Congress Reception Committee, AIR 1937 Born 410 (416).

4. See LI.M. Choudhary & Co. v. Jivan Krishna, ILR 49 Cal 646: AIR 1922 Cal 447.

Arbitration Act, 1940 Back

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