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Report No. 144

6.3.11. Recommendation.-

It seems desirable to insert a provision in the Arbitration Act, 1940 say, as section 13A, on the following lines:-

"13A. Party to include whole claim and all reliefs-Subject to the provisions of the arbitration agreement, the provisions of rule 2 of Order 2 in the First Schedule to the Code of Civil Procedure, 1908, shall, so far as may be, apply to arbitrations governed by this Act, as they apply to suits to which the said Code applies."

The above recommendation is made for the reason that it is as much necessary to avoid multiple arbitrations on the same cause of action, as it is to avoid multiple suits on the same cause of action.

6.4. Order 7, rule 11(a) and cause of action

6.4.1. Order 7, rule 11(a) provides that the plaint shall be rejected where it does not disclose a cause of action. This has been interpreted by the Supreme Court as meaning that if, on a meaningful reading of the plaint it is found manifest that the plaint is vexatious or meritless in the sense of not disclosing a clear right to suit, then the plaint is to be rejected.1

1. T. Arvindanandam v. T.V. Satyapal, AIR 1977 SC 2421 (2423), para. 5.

Conflicting Judicial Decisions pertaining to the Code of Civil Procedure Back

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