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Report No. 76

8.52. Whether arbitration a civil proceedi.- case law on section 14.-

Now, the question to be considered is, whether an arbitration is a 'civil proceeding' in a 'court' within the meaning of section 14, Limitation Act. In some cases, it was held1-2 that section 14 applies to the proceedings previously taken before the arbitrator, as a contrary view would operate very harshly on a litigant who has been guilty of no laches and has been prosecuting his case with due diligence and in good faith before the arbitrator. The court also considered the definition of 'court' as given in the Evidence Act.

1. Firm Behari Lal v. Punjab Sugar Mills, AIR 1943 All 162.

2. Fatehchand v. Wasudeo, ILR 1947 Nag 477: AIR 1948 Nag 334.

Arbitration Act, 1940 Back

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