Report No. 76

7.6. Section .- Recommendation to amend.-

The situation where some only of the parties to the suit apply to have the matters in difference between them referred to arbitration under section 21, is dealt with in section 24. To put the matter in broad terms, the criterion adopted is that of separability.

In the first place, the section provides that the court may, if it thinks fit, so refer such matters to arbitration provided that the same can be separated from the rest of the subject matter of the suit, in the manner provided in section 21; but the suit shall continue so far as it relates to the parties who have not joined in the said, application and to matters not contained in the said reference as if no such application had been made, and an award made in pursuance of such a reference shall be binding only on the parties who have joined in the application. The only change required in section 24 is the addition of the word "appeal".1 After such addition, the section will read as under:-

1. See discussion as to section 21, supra.

Revised section 24

"24. Where some only of the parties to a suit or appeal apply to have the matters in difference between them referred to arbitration in accordance with, and in the manner provided by, section 21, the Court may, if it thinks fit, so refer such matters to arbitration (provided that the same can be separated from the rest of the subject-matter of the suit or appeal) in the manner provided in that section, but the suit or appeal shall continue so far as it relates to the parties who have not jointed in the said application and to matters not contained in the said reference as if no such application had been made, and an award made in pursuance of such a reference shall be binding only on the parties who have joined in the application."