Report No. 76

3.22. Cases under second Schedule.-

Cases under paragraphs 17 to 19 of the Second Schedule of the Code of Civil Procedure, 1908 (to which section 20 now corresponds) may be mentioned. If a named arbitrator died or refused to act, the situation would be one covered by the words "it there is no such provision and the parties cannot agree" under paragraph 17(4).1 But a contrary view had been taken by some High Courts.2-3

There was thus a conflict of views.4-8

1. Fazal Illahi v. Prag Narain, ILR 44 All 523: AIR 1922 All 133 (Walsh and Ryves, JJ.).

2. Rajani Kant v. Panchanan, AIR 1937 Cal 388.

3. Vishwas v. Bhalchandra, AIR 1931 Born 529 (2).

4. Satyanarayan Murthi v. Venkataramana Murthi, AIR 1948 Mad 312 (FB).

5. The case law has been reviewed in Narayanappa v. Ramchandrappa, ILR 54 Mad 469: AIR 1913 Mad 28.

6. Governor-General v. Associated Livestock Farm, AIR 1948 Cal 230 (232) (S.R. Das, J.).

7. Ladha Singh v. Jyoti Prasad, ILR 1935 2 Cal 181: AIR 1940 Cal 105.

8. Tara Prasad v. Baij Nath, ILR 19 Pat 927.