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Report No. 76

6.2. Section 20(2.- Recommendation.-

Sub-section (2) of section 20 requires that the application shall be in writing and shall be numbered and registered as a suit between one or more of the parties interested or claiming to be interested as plaintiff or plaintiffs and the remainder as defendant or defendants, if the application has been presented by all the parties, or, if, otherwise, between the applicant as plaintiff and other parties as defendants.

It appears that the language of this sub-section is slightly involved, though, of course, the intention is quite clear. In the latter half of the sub-section there are really two situations intended to be dealt with and it would be conducive to clarity if the two situations are dealt with separately. Accordingly, we recommend that sub-section (2) of section 20 should be revised as under:

"(2) The application shall be in writing and shall be numbered and registered-

(a) if the application has been presented by all the parties, as a suit between one or more of the parties interested or claiming to be interested as plaintiff or plaintiffs and the rest of them as defendant or defendants, or

(b) if the application has not been presented by all the parties, as a suit between the applicant as plaintiff and the other parties as defendants."



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