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Report No. 76

8.41. Amendment as to suits brought under summary procedure.-

To make the provisions of section 34 applicable to suits brought under Order 37 of the Code of Civil Procedure, 1908 (summary procedure), we recommend that the words "or in a suit instituted under Order XXXVII of the First Schedule to the Code of Civil Procedure, 1908 before filing an application for leave to defend under sub-rule (5) of rule 3 of that Order" should be substituted in place of the words to be deleted.1

1. Para 8.40, supra.

Arbitration Act, 1940 Back

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